HRS §551-35
Parents as Guardians of Incapacitated Adults
Both parents are automatically the guardians of their adult child who is incapacitated or needs protection. They share equal rights and duties. If one parent dies, leaves, or can't act, the other takes over. When parents live apart, a court decides who gets the role.
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The statute, as written — Natural guardian and conservator of person alleged to be incapacitated or in need of protective proceedings
The father and mother of an incapacitated or protected person are jointly and severally the person's natural guardians and conservators. They shall have equal powers and duties with respect to the person and neither shall have any right superior to that of the other concerning the person's custody or control or any other matter affecting the person; provided that if either parent dies or abandons the family or is incapable for any reason to act as guardian or conservator, or both, the guardianship or conservatorship, or both, devolves or devolve upon the other parent, and that when the parents live apart, the court may award the guardianship or conservatorship to either of them, having special regard to the interests of the incompetent adult person.
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