HB1440 Summary

• Adopts the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPA) to modernize Hawaii's guardianship and conservatorship laws, replacing the 1997-based Uniform Guardianship and Protective Proceedings Act.

• Implements a person-centered philosophy prioritizing the rights and self-determination of individuals subject to guardianship or conservatorship through meaningful notice of rights, involvement in decisions affecting their lives, and required guardian/conservator plans.

• Establishes "less restrictive alternatives" such as supported decision-making, technological assistance, and power of attorney arrangements as preferred options before appointing guardians or conservators.

• Creates protective arrangements instead of guardianship or conservatorship as alternative court orders to meet specific needs without full appointment of a guardian or conservator.

• Takes effect July 1, 2023, and applies to proceedings commenced after the effective date and existing guardianships/conservatorships unless applying the new law would substantially interfere with proceedings or prejudice parties' rights.