Guardianship - Minor Person (Pro Se Packet) {1F-P-2007}

PRO-SE PACKET GUARDIANSHIP -- MINOR PERSON FAMILY COURT OF THE FIRST CIRCUIT This packet describes the steps necessary to establish a guardianship of a minor under the new Act 161 of 2004, which was effective as of January 1, 2005. Please note that this packet does NOT address the situation in which a guardian was previously appointed by a will or other written document. Information is provided on preparing documents and presenting them for filing. Samples of the basic forms are also included. We strongly recommend that you seek the services of an attorney. The Lawyer Referral Service (537-9140) of the Hawai`i State Bar Association may be able to provide names of attorneys, but they do not have information on any fees charged by the attorneys. The Volunteer Legal Services (528-7046) and the Legal Aid Society of Hawai`i (536-4302) offer assistance to people with low incomes who meet their financial criteria. Presently, Legal Aid222s "Courthouse Assistance Program" office is on the fourth floor of the Kapolei Court Complex, 4675 Kaplei Parkway, in Kapolei and is open every weekday morning. You may also consult the yellow pages of the telephone book for attorneys who specialize in family law. Should you decide to proceed on your own without the assistance of an attorney, you may wish to review Sections 560:1-401 and 560:5-201 to 560:5-210 of the Hawai`i Revised Statutes pertaining to Guardians of Minors. You are responsible for ensuring that your documents comply with Rule 3 of the Rules of the Circuit Court, applicable Hawai`i Family Court Rules, applicable sections of the Hawai`i Revised Statutes, as well as any memoranda issued by the Family Court. Copies of these statutes, rules and memoranda are available at the Hawai`i Supreme Court Law Library - 417 South King Street, behind the King Kamehameha statue). Court rules and statutes are also available on-line at www.courts.state.hi.us (rules) and www.capitol.hawaii.gov (statutes). OVERVIEW OF DOCUMENTS IN THIS PACKET This packet includes the following forms. Should you wish to have more than one person serve as co-guardians, you will need to amend pertinent portions of the documents to show that this is a co-guardianship case. 1) "Petition for Appointment of a Guardian of a Minor " states the factual 1FC-G eff. date 4/06 -1037 American LegalNet, Inc. www.FormsWorkFlow.com and legal basis for the appointment of a guardian and asks the court to issue an Order Appointing Guardian with [ ] Limited [ ] Unlimited Authority. 2) "Notice of Hearing" is attached to the Petition. Court personnel will schedule the hearing and fill in the blank spaces for the date and time of hearing (see the instructions on page 3). 3) "List of Exhibits" - this cover sheet organizes supporting documents that are submitted at the time of filing the Petition. 4) "Waiver of Notice and Consent to Guardianship" informs the court that a person, who is otherwise entitled to notice, agrees to have the guardianship proceedings take place without his or her involvement. This document may be filed to support the Petition for Appointment of Guardian. The proposed guardian is always expected to attend the hearing, unless previously excused by the court. This form allows interested parties to be able to waive the requirement that they be given at least 14-days advance notice of the hearing on the Petition. It also has a check off box if the interested party wants to waive notice of any future hearings. 5) Order Appointing Guardian with [ ] Limited [ ] Unlimited Authority 037contains the Judge's findings and states, among other things, the conditions under which the guardian shall serve and the events that will terminate the guardianship. HOW TO PREPARE DOCUMENTS FOR FILING Typing If you use the attached forms, please type in the information. Also, please adjust or delete phrases (noted on the attached forms, in parentheses) to fit the information in your case. If you prefer to type your own documents on your computer, then all documents must be typed in black ink using 12 point pica size print. A 10 point elite size print is not acceptable. On the first page of each new document, the name of the Court (for example, 223Family Court of the First Circuit224) shall be centered and be not less than 3" from the top of the page. Top and bottom margins of the other pages must be 1". The left and right-hand margins shall not be less than 1". Signature Documents must be dated and signed in legible, dark ink. Terms: The 223Petitioner224 is the person requesting the guardianship. The minor or any person interested in the minor222s welfare may submit the petition. The Petition requests that someone be appointed as the 223Guardian.224 1FC-G eff. date 4/06 -2037 American LegalNet, Inc. www.FormsWorkFlow.com Case name and number: All documents filed in the same case record must have the same case name (the name of the Respondent noted in the case caption on the left hand side of the caption on the first page. These documents should also have the same "FC-G" (for example, FC-G No. 06-1-0002) case number in the right-hand side of the caption on the first page of the document. Name 037 Be sure to print the Petitioner's name, address and phone number on the upper left-hand corner of the first page of each document. A daytime or cell phone number is important so that the Court can call and notify you that your documents are ready to be picked up for filing. You are responsible for filing your documents. The Court cannot file the documents for you. Copies 037 You need to make enough copies of each original document. Each person who is required to receive notice (see section entitled 223Service of Documents224) must have a copy. Be sure to keep a copy for yourself. Filing: 036 All documents must be filed with the Legal Documents Branch which is located on the first floor of the Kapolei Court Complex, 4675 Kapolei Parkway, or the first floor of the Kaahumanu Hale. "Filed" means that theoriginal documents (the original document with original signatures; not copies) has an original file-stamped (date and time) and the name of the Documents Filing Clerk on the upper right-hand corner of the first page of the document. This "filed" original is kept by the Family Court as part of the guardianship case record. Conforming copies: All copies must be "conformed." "Conforming" means that any changes the Court made to your original documents and added to your copies, so that the text of the copies are identical to the original document. For example, if a date and time for a court hearing are added to the Notice of Hearing, you must add this same date and time to ALL copies of the Notice of Hearing. This ensures that all persons receiving the Notice of Hearing will have the same information. PRESENTING DOCUMENTS FOR INITIAL FILING To get a hearing date, after completing all of the necessary forms, present the original copy plus the necessary number of copies to one of the clerks at the counter in the Judicial Services Branch, 4th Floor of the Kapolei Court Complex. You must leave thedocuments for processing and you will be contacted--by telephone--to pick up the 1FC-G eff. date 4/06036 -3037 American LegalNet, Inc. www.FormsWorkFlow.com documents. Again, we emphasize the importance of including your daytime or cellular phone number on documents turned in to the Court. When you pick up the documents, you will notice that the date and time of the hearing has been filled in on the original copy only of the Notice of Hearing. You must conform the copies (i.e., fill in this same information on all of the other copies you submitted). You may do this by writing in or stamping the information that the Court added to the original document. Be sure that the information is exactly the same as on the original. As an alternative, you may photocopy the documents after you pick them up from the Court. It is critical that you include the date and time of the hearing on all copies of the Notice of Hearing. To file the documents, present the original and all copies to a Legal DocumentsReceiving Clerk on the first floor of the Kapolei Court Complex or the KaahumanuHale. Submit as man