§560:5-421 Title by appointment. (a) The appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof specified in the order, held at the time of appointment or thereafter acquired, including title to any property held for the protected person by custodians or attorneys-in-fact. An order vesting title in the conservator to only a part of the property of the protected person creates a conservatorship limited to assets specified in the order.
(b) Letters of conservatorship are evidence of vesting title of the protected person's assets in the conservator. An order terminating a conservatorship transfers title to assets remaining subject to the conservatorship, including any described in the order, to the formerly protected person or the person's successors.
(c) Subject to the requirements of other laws governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give notice of title as between the conservator and the protected person.
(d) Except as limited in the appointing order, a conservator has the authority to continue, modify, or revoke any financial power of attorney previously created by the protected person.
(e) Upon notice of the appointment of a conservator, all agents acting under a previously created power of attorney by the protected person shall:
(1) Take no further actions without the direct written authorization of the conservator;
(2) Promptly report to the conservator as to any action taken under the power of attorney; and
(3) Promptly account to the conservator for all actions taken under the power of attorney.
(f) Nothing in this section shall be construed to affect previously created medical decision-making authority. Any agent violating this section shall be liable to the protected person's estate for all costs incurred in attempting to obtain compliance, including, but not limited to reasonable conservator and attorney fees and costs. [L 2004, c 161, pt of §1]
Structure Hawaii Revised Statutes
Title 30A. Uniform Probate Code
560:1-101 to 560:1-403 REPEALED. §560:1-101
560:1-102 Purposes; rule of construction.
560:1-103 Supplementary general principles of law applicable.
560:1-105 Construction against implied repeal.
560:1-106 Effect of fraud and evasion.
560:1-107 Evidence of death or status.
560:1-108 Acts by holder of general power.
560:1-201 General definitions.
560:1-301 Territorial application.
560:1-302 Subject matter jurisdiction.
560:1-303 Venue; multiple proceedings; transfer.
560:1-305 Records and certified copies.
560:1-310 Oath or affirmation on filed documents.
560:1-311 Documents sealed upon filing.
560:1-401 Notice; method and time of giving.
560:1-403 Pleadings; when parties bound by others; notice.
560:2-101 to 560:2-902 REPEALED. §560:2-101 Intestate estate.
560:2-102 Share of spouse or reciprocal beneficiary.
560:2-103 Share of heirs other than surviving spouse or reciprocal beneficiary.
560:2-104 Requirement that heir survive decedent for one hundred twenty hours.
560:2-105.5 Escheat of kuleana lands.
560:2-107 Kindred of half blood.
560:2-112 Dower and curtesy abolished.
560:2-113 Individuals related to decedent through two lines.
560:2-114 Parent and child relationship.
560:2-203 Composition of the augmented estate.
560:2-204 Decedent's net probate estate.
560:2-205 Decedent's nonprobate transfers to others.
560:2-206 Decedent's nonprobate transfers to the surviving spouse or reciprocal beneficiary.
560:2-208 Exclusions, valuation, and overlapping application.
560:2-209 Sources from which elective share payable.
560:2-210 Personal liability of recipients.
560:2-211 Proceeding for elective share; time limit.
560:2-213 Waiver of right to elect and of other rights.
560:2-214 Protection of payors and other third parties.
560:2-301 Entitlement of spouse or reciprocal beneficiary; premarital will.
560:2-402 Homestead allowance.
560:2-405 Source, determination, and documentation.
560:2-502 Execution; witnessed wills; holographic wills.
560:2-503 Writings intended as wills, etc.
560:2-506 Choice of law as to execution.
560:2-507 Revocation by writing or by act.
560:2-508 Revocation by change of circumstances.
560:2-509 Revival of revoked will.
560:2-510 Incorporation by reference.
560:2-511 Testamentary additions to trusts.
560:2-512 Events of independent significance.
560:2-513 Separate writing identifying devise of certain types of tangible personal property.
560:2-514 Contracts concerning succession.
560:2-516 Duty of custodian of will; liability.
560:2-517 Penalty clause for contest.
560:2-602 Will may pass all property and after-acquired property.
560:2-603 Antilapse; deceased devisee; class gifts.
560:2-604 Failure of testamentary provision.
560:2-605 Increase in securities; accessions.
560:2-608 Exercise of power of appointment.
560:2-609 Ademption by satisfaction.
560:2-702 Requirement of survival by one hundred twenty hours.
560:2-703 Choice of law as to meaning and effect of governing instrument.
560:2-704 Power of appointment; meaning of specific reference requirement.
560:2-705 Class gifts construed to accord with intestate succession.
560:2-706 Life insurance; retirement plan; transfer-on-death registration; deceased beneficiary.
560:2-707 Survivorship with respect to future interests under terms of trust; substitute takers.
560:2-709 Representation; per capita at each generation; per stirpes.
560:2-710 Worthier-title doctrine abolished.
560:2-711 Interest in "heirs" and like.
560:2-901 to 560:2-907 Reserved.
560:2-1001 to 560:2-1010 Reserved.
560:3-101 to 560:3-1215 REPEALED. §560:3-101 Devolution of estate at death; restrictions.
560:3-102 Necessity of order of probate for will.
560:3-103 Necessity of appointment for administration.
560:3-104 Claims against decedent; necessity of administration.
560:3-105 Proceedings affecting devolution and administration; jurisdiction of subject matter.
560:3-107 Scope of proceedings; proceedings independent; exception.
560:3-108 Probate, testacy and appointment proceedings; ultimate time limit.
560:3-109 Statutes of limitation on decedent's cause of action.
560:3-201 Venue for first and subsequent estate proceedings; location of property.
560:3-202 Appointment or testacy proceedings; conflicting claim of domicile in another state.
560:3-203 Priority among persons seeking appointment as personal representative.
560:3-204 Demand for notice of order or filing concerning decedent's estate.
560:3-301 Informal probate or appointment proceedings; application; contents.
560:3-302 Informal probate; duty of registrar; effect of informal probate.
560:3-303 Informal probate; proof and findings required.
560:3-304 Informal probate; unavailable in certain cases.
560:3-305 Informal probate; registrar not satisfied.
560:3-306 Informal probate; notice requirements.
560:3-308 Informal appointment proceedings; proof and findings required.
560:3-309 Informal appointment proceedings; registrar not satisfied.
560:3-310 Informal appointment proceedings; notice requirements.
560:3-311 Informal appointment unavailable in certain cases.
560:3-312 to 560:3-322 Reserved.
560:3-401 Formal testacy proceedings; nature; when commenced.
560:3-402 Formal testacy or appointment proceedings; petition; contents.
560:3-403 Formal testacy proceedings; notice of hearing on petition.
560:3-404 Formal testacy proceedings; written objections to probate.
560:3-405 Formal testacy proceedings; uncontested cases; hearings and proof.
560:3-406 Formal testacy proceedings; contested cases; testimony of attesting witnesses.
560:3-407 Formal testacy proceedings; burdens in contested cases.
560:3-409 Formal testacy proceedings; order; foreign will.
560:3-410 Formal testacy proceedings; probate of more than one instrument.
560:3-411 Formal testacy proceedings; partial intestacy.
560:3-412 Formal testacy proceedings; effect of order; vacation.
560:3-413 Formal testacy proceedings; vacation of order for other cause.
560:3-414 Formal proceedings concerning appointment of personal representative.
560:3-501 Supervised administration; nature of proceeding.
560:3-502 Supervised administration; petition; order.
560:3-503 Supervised administration; effect on other proceedings.
560:3-504 Supervised administration; powers of personal representative.
560:3-505 Supervised administration; interim orders; distribution and closing orders.
560:3-602 Acceptance of appointment; consent to jurisdiction.
560:3-603 Bond not required without court order, exceptions.
560:3-604 Bond amount; security; procedure; reduction.
560:3-605 Demand for bond by interested person.
560:3-606 Terms and conditions of bonds.
560:3-607 Order restraining personal representative.
560:3-608 Termination of appointment; general.
560:3-609 Termination of appointment; death or disability.
560:3-610 Termination of appointment; voluntary.
560:3-611 Termination of appointment by removal; cause; procedure.
560:3-612 Termination of appointment; change of testacy status.
560:3-613 Successor personal representative.
560:3-614 Special administrator; appointment.
560:3-615 Special administrator; who may be appointed.
560:3-616 Special administrator; appointed informally; powers and duties.
560:3-617 Special administrator; formal proceedings; power and duties.
560:3-618 Termination of appointment; special administrator.
560:3-701 Time of accrual of duties and powers.
560:3-702 Priority among different letters.
560:3-703 General duties; relation and liability to persons interested in estate; standing to sue.
560:3-704 Personal representative to proceed without court order; exception.
560:3-705 Duty of personal representative; information to heirs and devisees.
560:3-706 Duty of personal representative; inventory and appraisement.
560:3-707 Employment of appraisers.
560:3-708 Duty of personal representative; supplementary inventory.
560:3-709 Duty of personal representative; possession of estate.
560:3-710 Power to avoid transfers.
560:3-711 Powers of personal representatives; in general.
560:3-712 Improper exercise of power; breach of fiduciary duty.
560:3-713 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
560:3-714 Persons dealing with personal representative; protection.
560:3-715 Transactions authorized for personal representatives; exceptions.
560:3-716 Powers and duties of successor personal representative.
560:3-717 Co-representatives; when joint action required.
560:3-718 Powers of surviving personal representative.
560:3-719 Compensation of personal representative.
560:3-720 Expenses in estate litigation.
560:3-801 Notice to creditors.
560:3-802 Statutes of limitations.
560:3-803 Limitations on presentation of claims.
560:3-804 Manner of presentation of claims.
560:3-805 Classification of claims.
560:3-806 Allowance of claims.
560:3-808 Individual liability of personal representative.
560:3-810 Claims not due and contingent or unliquidated claims.
560:3-812 Execution and levies prohibited.
560:3-813 Compromise of claims.
560:3-815 Administration in more than one state; duty of personal representative.
560:3-816 Final distribution to domiciliary representative.
560:3-901 Successors' rights if no administration.
560:3-902 Distribution; order in which assets appropriated; abatement.
560:3-904 Interest on general pecuniary devise.
560:3-905 Penalty clause for contest.
560:3-906 Distribution in kind; valuation; method.
560:3-907 Distribution in kind; evidence.
560:3-908 Distribution; right or title of distributee.
560:3-909 Improper distribution; liability of distributee.
560:3-910 Purchasers from distributees protected.
560:3-911 Partition for purpose of distribution.
560:3-912 Private agreements among successors to decedent binding on personal representative.
560:3-913 Distributions to trustee.
560:3-914 Disposition of unclaimed assets.
560:3-915 Distribution to person under disability.
560:3-916 Apportionment of estate taxes.
560:3-1003 Closing estates; by sworn statement of personal representative.
560:3-1004 Liability of distributees to claimants.
560:3-1005 Limitations on proceedings against personal representative.
560:3-1006 Limitations on actions and proceedings against distributees.
560:3-1007 Certificate discharging liens securing fiduciary performance.
560:3-1008 Subsequent administration.
560:3-1102 Procedure for securing court approval of compromise.
560:3-1201 Collection of personal property by affidavit.
560:3-1202 Effect of affidavit.
560:3-1203 Small estates; summary administration procedure.
560:3-1204 Small estates; closing by sworn statement of personal representative.
560:3-1205 Estates of $100,000 or less; clerk of court to administer.
560:3-1207 Presentation of claims of creditors.
560:3-1208 Claims barred when.
560:3-1209 Duties of clerk and distribution.
560:3-1210 Undistributed proceeds or balances, disposition.
560:3-1211 Exemption from costs.
560:3-1212 Estates of persons leaving no known relatives.
560:3-1214 Annual audit of accounts of clerk.
560:3-1215 Prohibition on the private practice of law by attorneys for small estates.
560:4-101 to 560:4-401 REPEALED. §560:4-101 Definitions.
560:4-202 Payment or delivery discharges.
560:4-203 Resident creditor notice.
560:4-204 Proof of authority-bond.
560:4-206 Power of representatives in transition.
560:4-207 Ancillary and other local administrations; provisions governing.
560:4-301 Jurisdiction by act of foreign personal representative.
560:4-302 Jurisdiction by act of decedent.
560:4-303 Service on foreign personal representative.
560:4-401 Effect of adjudication for or against personal representative.
560:5-101 to 560:5-105 REPEALED. §560:5-101 Short title.
560:5-104 Facility of transfer
560:5-105 Delegation of power by parent or guardian.
560:5-106 Subject matter jurisdiction.
560:5-107 Transfer of jurisdiction.
560:5-111 Effect of acceptance of appointment.
560:5-112 Termination of or change in guardian's or conservator's appointment.
560:5-116 Request for notice; interested persons.
560:5-117 Multiple appointments or nominations.
560:5-201 to 560:5-212 REPEALED. §560:5-201 Appointment and status of guardian.
560:5-202 Parental appointment of guardian.
560:5-203 Objection by minor or others to parental appointment.
560:5-204 Judicial appointment of guardian; conditions for appointment.
560:5-205 Judicial appointment of guardian; procedure.
560:5-206 Judicial appointment of guardian; priority of minor's nominee; limited guardianship.
560:5-206.5 Judicial appointment of guardian; disability.
560:5-209 Rights and immunities of guardian.
560:5-210 Termination of guardianship; other proceedings after appointment.
560:5-301 to 560:5-313 REPEALED. §560:5-301 Appointment and status of guardian.
560:5-302 Appointment of guardian by will or other writing.
560:5-303 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation.
560:5-304 Judicial appointment of guardian; petition.
560:5-305 Judicial appointment of guardian; preliminaries to hearing.
560:5-306 Judicial appointment of guardian; professional evaluation.
560:5-307 Confidentiality of records.
560:5-308 Judicial appointment of guardian; presence and rights at hearing.
560:5-310 Who may be guardian; priorities.
560:5-311 Findings; order of appointment.
560:5-313 Temporary substitute guardian.
560:5-316 Rights and immunities of guardian; limitations.
560:5-317 Reports; monitoring of guardianship.
560:5-318 Termination or modification of guardianship.
560:5-401 to 560:5-432 REPEALED. §560:5-401 Protective proceeding.
560:5-402 Jurisdiction over business affairs of protected person.
560:5-403 Original petition for appointment or protective order.
560:5-405 Original petition; minors; preliminaries to hearing
560:5-406 Original petition; preliminaries to hearing.
560:5-407 Confidentiality of records.
560:5-408 Original petition; procedure at hearing.
560:5-409 Original petition; orders.
560:5-411 Required court approval.
560:5-412 Protective arrangements and single transactions.
560:5-413 Who may be conservator; priorities.
560:5-414 Petition for order subsequent to appointment.
560:5-416 Terms and requirements of bond.
560:5-417 Compensation and expenses.
560:5-418 General duties of conservator
560:5-420 Reports; appointment of kokua kanawai.
560:5-421 Title by appointment.
560:5-422 Protected person's interest inalienable.
560:5-423 Sale, encumbrance, or other transaction involving conflict of interest.
560:5-424 Protection of person dealing with conservator.
560:5-425 Powers of conservator in administration
560:5-427 Principles of distribution by conservator.
560:5-428 Death of protected person
560:5-429 Presentation and allowance of claims.
560:5-430 Personal liability of conservator.
560:5-431 Termination of proceedings.
560:5-432 Payment of debt and delivery of property to foreign conservator without local proceeding.
560:5-433 Foreign conservator; proof of authority; bond; powers.
560:5-501, 560:5-502 REPEALED.
560:5-602 Sterilization of wards.
560:5-603 Initiation of proceeding.
560:5-604 Appointment of guardian ad litem.
560:5-606.5 Reproductive rights advisory list.
560:5-611 Confidentiality of and access to records.
560:5-612 No liability arising from sterilization; exception.
560:6-102 Ownership as between parties, and others; protection of financial institutions.
560:6-103 Ownership during lifetime.
560:6-104 Right of survivorship.
560:6-105 Effect of written notice to financial institution.
560:6-106 Accounts and transfers nontestamentary.
560:6-107 Rights against multiple-party accounts.
560:6-108 Financial institution protection; payment on signature of one party.
560:6-109 Financial institution protection; payment after death or disability; joint account.
560:6-110 Financial institution protection; payment of payable-on-death account.
560:6-111 Financial institution protection; payment of trust account.
560:6-112 Financial institution protection; discharge.
560:6-113 Financial institution protection; set-off.
560:7-101 to 560:7-501 REPEALED.
560:8-101 Time of taking effect; provisions for transition.
560:8-102 Specific repealer and amendments.