HRS §554D-305
When a court can appoint a guardian for someone in a trust
If someone involved in a trust is not properly represented, or the current representation is not good enough, a court can appoint a guardian ad litem. This guardian can act for minors, incapacitated people, unborn people, or people who can't be found. The guardian can make decisions even if there is no court case happening.
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The statute, as written — Appointment of guardian ad litem
(a) If the court determines that an interest is not represented under this part, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A guardian ad litem may be appointed to represent several persons or interests. (b) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, regardless of whether a judicial proceeding concerning the trust is pending. (c) In making decisions, a guardian ad litem may consider general benefits accruing to the living members of the individual's family.
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