Haw. Prob. R. 118

When a special conservator has been appointed on an ex parte basis pursuant to HRS § 560:5-405(b) or § 560:5-406(g), unless otherwise provided by court order, the authority of the special conservator terminates automatically 90 days after the issuance of the letters of special conservatorship, unless there is then pending before the court a petition for appointment of a permanent conservator or a petition to extend the appointment of the special conservator for good cause, in which case the special conservator's appointment continues until the court orders otherwise. A special conservator whose powers are terminated automatically shall account to the court for his or her actions.

COMMENTARY:

If a special conservatorship or protective arrangement is established on an ex parte basis and a need for a permanent conservator is evident, the protected person must be given rights to due process to challenge the conservatorship imposed without notice or hearing. This rule forces a special conservator to promptly file for permanent conservatorship or face automatic termination after 90 days, thereby giving the protected person the opportunity to challenge the proceedings. If a permanent conservatorship petition or a petition to extend the special conservator's appointment is pending, the special conservator's authority is extended until further court order.

Ideally, where the need for a permanent conservator is evident, all ex parte petitions for appointment of a special conservator will be accompanied by the petition for appointment of a permanent conservator, so that there are no delays in determining the rights of the protected person. Other situations may arise where there is no need for a permanent conservator, but the original 90 day period is not sufficient for the special conservator to complete his or her duties, and the special conservator's appointment may be extended by the court for good cause.

This rule pertains to special conservators appointed pursuant to HRS §§ 560:5-405(b) and -406(g). HRS § 506:5-412 authorizes appointment of a special conservator, but not on an ex parte basis.

(Amended June 25, 2003, effective July 1, 2003; further amended April 28, 2006, effective July 1, 2006; further amended June 15, 2010, effective July 1, 2010.)