Bill Text: HI SB2318 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Uniform Adult Guardianship and Protective Proceedings Jurisdiction

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2012-07-06 - (S) Act 236, 7/6/2012 (Gov. Msg. No. 1339). [SB2318 Detail]

Download: Hawaii-2012-SB2318-Amended.html

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STAND. COM. REP. NO.  984-12

 

Honolulu, Hawaii

                , 2012

 

RE:   S.B. No. 2318

      S.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.B. No. 2318, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act to ensure that only one state has jurisdiction at any one time in adult guardianship cases and protective proceedings;

 

     (2)  Adopt guidelines to specify whether a court has jurisdiction to appoint a guardian or conservator for an incapacitated adult; and

 

     (3)  Prioritize which state may proceed with a petition.

 

     The Executive Office on Aging and the Commission to Promote Uniform Legislation supported the measure.  The Judiciary offered comments on the measure.  

 

     Your Committee respectfully notes that the Judiciary testified that this bill may not be necessary and may subject families and guardians to increased complexity and procedure.  For example, under Hawaii law, the circuit court has jurisdiction over protective proceedings and the family court has jurisdiction over guardianship proceedings.  The Judiciary added that families are currently able to seek guardianship for challenged minors before they turn 18 years of age, but the bill appears to not allow that as it defines an "incapacitated person" as an adult.  Finally, the Judiciary asserted that the bill would require changes to court policies, procedures, and rules, and as a result, these changes would consume valuable and limited staff resources in a time of economic downturn.

 

     Your Committee encourages the testifiers to work together on the measure as it moves through the legislative process to the Committee on Judiciary.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2318, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

		____________________________ JOHN M. MIZUNO, Chair