HRS §334-82
Court orders facility to explain why patient should not be released
When someone asks the court to release a patient, the court must quickly order the facility to explain why the patient should not be released. The court can appoint a guardian to protect the patient. The order is free and can be delivered in certain ways.
courts
The statute, as written — Order to show cause; guardian ad litem
Immediately upon receipt of a request, the court shall issue an order to show cause directed to the administrator of the facility and commanding the administrator to show cause at a date and time certain no later than five days thereafter why the patient should not be discharged immediately. A copy of the request shall be attached to the order to show cause. The form of the order to show cause shall be prescribed and supplied free of charge by the court. The order to show cause shall issue without cost and may be served as any other civil process or by any responsible person appointed by the court for that purpose. At any stage of the proceedings, the court may appoint a guardian ad litem for the patient. The guardian ad litem may be a member of the bar of the court or any other responsible person. Service on the administrator may be effected by leaving certified copies of the order to show cause and request at the facility with any person exercising authority. Notice of the order to show cause and the hearing date, and any adjournments, continuances, other delays, and dates of rescheduled hearings shall be provided to those persons entitled to notice pursuant to section 334-60.4.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.