HRS §333F-11

When the state can be a guardian

Read the official text at capitol.hawaii.gov ↗

This section lets a family court appoint the director of a state agency as a guardian for someone who is incapacitated, developmentally or intellectually disabled, and needs residential care, if no other suitable guardian is available. The director then has the same powers and duties as any court-appointed guardian, but is not personally liable for the person's harmful acts.

courtsstate agenciesvulnerable adults

The statute, as written — Director as guardian

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) Notwithstanding any law to the contrary, the family court may appoint the director as guardian of any person if the court finds that: (1) The person is an incapacitated person as defined in section 560:5-102; (2) The person is developmentally or intellectually disabled; (3) The person may reasonably be expected to need treatment or care at any residential facility; and (4) There is no other suitable guardian including the public guardian as designated in chapter 551A who is able or willing to serve as guardian. (b) The director, if so appointed, shall have all the powers and duties of a guardian duly appointed by the court; provided that the director shall not be liable in damages for any tortious act committed by the person.

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§560:5-102 Definitions for guardianship and conservatorship

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.