Haw. Prob. R. 106

As amended through September 30, 2024

Rule 106 - After Appointment Proceedings

(a) Proceedings Commenced Prior to January 1, 2005.

Those persons initially entitled to notice of the petition for guardianship of the property or protective arrangement shall continue to receive notice of all subsequent pleadings in the case, except to the extent specifically waived by a person entitled to notice or ordered by the court.

(b) Proceedings Commenced After January 1, 2005.

(1) CONSERVATORSHIP. All subsequent pleadings and any petition for order after the appointment of a conservator or any other protective order shall be served upon the protected person (if 14 years of age or older, not missing, detained or unable to return to the United States), the conservator of the protected person's estate, and any other person as ordered by the court.

(2) GUARDIANSHIP. All subsequent pleadings and any petition for an order after the appointment of a guardian shall be served upon the ward, the guardian, and any other person as ordered by the court.

Haw. Prob. R. 106

Amended April 28, 2006, effective 7/1/2006.

COMMENTARY:

See HRS §560:5-404(b), effective January 1, 2005. The prior statutes required notice to particular persons at the initiation of a proceeding but had no specific notice requirements for later pleadings such as accountings and termination of the proceeding. For cases initiated prior to January 1, 2005, subsection (a) of this rule continues the notice obligation to those individuals originally entitled to notice, unless specifically waived by the person entitled to notice or ordered by the court. For cases initiated on or after January 1, 2005, subsection (b) of this rule clarifies the list of persons to whom notice must be provided after the initial appointment proceeding, unless specifically waived by the person entitled to notice or ordered by the court.