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

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