Haw. Prob. R. 109

Where funds are necessary or advisable to be expended for the benefit of the protected person in excess of those approved by budget pursuant to Rule 108, the conservator may not make any such expenditures without prior court approval. Any petition for approval of special expenditure shall clearly and completely set forth (1) the nature and value of the conservatorship estate at that time; (2) the nature and cost of the proposed special expenditure; (3) the reason why such expenditure is necessary or advisable; and (4) the impact the special expenditure will have on the ability of the conservatorship to provide for the future needs of the protected person. The court may impose sanctions on the conservator for any expenditures made beyond those approved pursuant to Rule 108 without prior court approval.

COMMENTARY:

This rule sets forth the necessity of the conservator to seek prior court approval for expenditures beyond those pre-approved under Rule 108. The conservator must justify the expenditure and evaluate the impact of the expenditure on the future ability of the conservatorship to meet the needs of the protected person.

(Amended April 28, 2008, effective July 1, 2006.)