§333F-11 Director as guardian. (a) Notwithstanding any law to the contrary, the family court may appoint the director as guardian of any person if the court finds that:
(1) The person is an incapacitated person as defined in section 560:5-102;
(2) The person is developmentally or intellectually disabled;
(3) The person may reasonably be expected to need treatment or care at any residential facility; and
(4) There is no other suitable guardian including the public guardian as designated in chapter 551A who is able or willing to serve as guardian.
(b) The director, if so appointed, shall have all the powers and duties of a guardian duly appointed by the court; provided that the director shall not be liable in damages for any tortious act committed by the person. [L 1987, c 341, pt of §2; am L 2004, c 161, §5; am L 2005, c 22, §19; am L 2011, c 220, §3]
Structure Hawaii Revised Statutes
333F. Services for Persons with Developmental or Intellectual Disabilities
333F-2 Developmental disabilities system.
333F-3 Community services for the developmentally disabled.
333F-5 Other systems within the developmental disability system.
333F-6 Application and assessment for services; individualized service plans.
333F-8 Rights of persons with developmental or intellectual disabilities.
333F-8.5 Advocacy agency for persons with developmental disabilities and mental illness.
333F-8.7 Confidentiality of records.
333F-13 Payments for care and treatment of persons receiving services; liability.
333F-17 Authority of director to enter into agreements; make dispositions of state resources.
333F-19 Limitation of liability.
333F-20 Standards for services.
333F-21 Provision of services; family and caregiver support.