Right to counsel

Key_development Question_mark

Legislation, Guardianship/Conservatorship of Adults - Ward

Haw. Rev. Stat. § 560:5-305(b) provides that "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", while Haw. Rev. Stat. § 560:5-406(b) provides identical language for guardianship of property.

 

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." This would suggest that the right to counsel would exist for guardianship termination proceedings.

Appointment of Counsel: categorical Qualified: yes