HRS §560:5-206.5
Court rules for appointing a guardian with a disability
A court cannot reject someone as a guardian just because they have a disability. If the court does reject them, it must explain in writing why. The person claiming the disability hurts parenting must show a clear link between the disability and the specific parenting problem.
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The statute, as written — Judicial appointment of guardian; disability
The court shall not consider the disability of a prospective guardian to be the sole factor in the court's determination to approve or deny the appointment of a guardian pursuant to this part. If the court makes a determination to deny guardianship to a person who is disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a prospective guardian impairs the prospective guardian's ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.