Right to counsel

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Legislation, Guardianship/Conservatorship of Adults - Protected Person

Haw. Rev. Stat. § 560:5-305(b) provides as to guardianship of the person matters:  "The court shall appoint a lawyer to represent the respondent in the proceeding if: (1) Requested by the respondent; (2) Recommended by the kokua kanawai; or (3) The court determines that the respondent needs representation."  Haw. Rev. Stat. § 560:5-406(b) provides identical language for guardianship of property matters.


For guardianship review proceedings, Haw. Rev. Stat. § 560:5-318(c) provides that "Except as otherwise ordered by the court for good cause, the court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the ward that apply to a petition for guardianship."  Again, the same language is mirrored in § 560:5-431, which governs the termination of property-related guardianships.  This would suggest that the right to counsel would exist for guardianship termination proceedings.


Finally, when a guardian is appointed on an emergency basis, "the court may appoint a lawyer to represent the respondent throughout the emergency guardianship." Haw. Rev. Stat. § 560:5-312(a).  No similar provision providing counsel in the context of the emergency appointment of a guardianship of property was found.

Appointment of Counsel: categorical Qualified: yes