Home is not just where the heart or family is, it’s also where our future and peace of mind reside! As such, past LTHOME articles have delved into how home can be used as an anchor to advance our plans.
We’ve discussed how valuable it is to have clean water, for example, and how various building materials can improve our dwellings’ efficiency. Today, we’re going to focus on a topic that’s a fundamental consideration when planning for the future: guardianship in Hawaii.
What is Legal Guardianship in Hawaii?
To simply put it, legal guardianship is a court-appointed relationship between a guardian and a ward in which the guardian has permission to care for the person or property of the ward (or both, in some cases). Legal guardianship in Hawaii is established by the probate court, with the decision made primarily on the basis of whether it will [also see guardianship-of-property-hawaii]. Often, folks obtain legal guardianship of children, disabled persons, or elderly individuals.
How Does Legal Guardianship Work in Hawaii?
As mentioned above, the Hawaiian legal guardianship process begins when someone files a petition asking the court to appoint a guardian or create a standby guardian. The petitioner will then have to hold a hearing where the court will weigh the risks, benefits, and the best interests of the potential ward before making a decision. It is essential to understand, however, that guardianship does not terminate parental rights or impose a guardianship on an adult; it is a complex matter. For instance, when it comes to parents, the legal procedures are similar, but only after the natural parents receive notice about the petition.
Practical Implications of Legal Guardianship in Hawaii
Legal guardianship has far-reaching implications for people’s properties. Not only does it affect any real estate owned by the ward, it can have significant estate planning consequences.
Consider, for example, a home. Let’s say Mom and Dad own a house here in Hawaii where they plan to retire. If something were to happen to Mom and Dad and they decided they wanted a family member to be financially responsible for their real estate, they might choose an adult child to request legal guardianship. Consequentially, if Mom and Dad were to pass away before the guardianship was dissolved, the adult child would take legal responsibility for the residence’s upkeep and security.
Notably, this is not a small matter either from a legal or practical perspective, especially if the adult child in our example has a financially difficult situation or does not have the financial resources to maintain or enhance the property. Accordingly, if you are a homeowner and considering legal guardianship, you may want to think about your specific situation and whether you need to adapt your home to address certain considerations.
For example: Appliances and Building Materials
Building and appliance materials can play a surprisingly important role in achieving these objectives. Many homeowners, for example, are familiar with the idea that when something goes wrong with our plumbing or electrical systems, it can create a cascade of costly problems.
These appliances and building materials don’t just prevent unexpected flooding: they can also reduce your home’s energy consumption and increase efficiency over time – as long as you get the right kind and hire trained professionals for installation. Investing in quality, high-efficiency upgrades adds significant value to a residence, not to mention helping you save on water or power bills. Floor heating can even be a good investment with respect to long-term health care.
Financial Considerations for Legal Guardianship in Hawaii
Ultimately the decision to petition the court for guardianship comes down to a value judgment and financial considerations. The key is to keep an open mind and be flexible, as simple changes can make a great deal of difference in case of an unfortunate future event.
Also remember – advance planning can pay off. If you make appropriate updates today and plan for the future, your family is less likely to experience additional stress in the long run.