How Do I Name a Guardian for My Minor Children in Hawaii?

See how a parent names a guardian for their minor children in Hawaii, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Hawaii, a parent names a guardian for a minor child in a will or a separate signed writing (HRS §§ 560:5-202, 560:5-204, 560:5-206). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the parent's nominee has appointment priority, but the court can still decline them on a best-interest finding (HRS §§ 560:5-202, 560:5-204, 560:5-206).

Yes. Hawaii recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Hawaii allows a Delegation of Power by Parent or Guardian (power of attorney) (HRS § 560:5-105): any adult can be authorized for a limited time (up to 1 year) without transferring custody.

In Hawaii, a child 14 or older may choose their guardian, subject to the court's approval (HRS §§ 560:5-206(a), 560:5-203).

Hawaii uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (HRS §§ 560:5-203, 560:5-204, 560:5-206 (best-interest standard; no enumerated bar list for a minor's guardian))

Hawaii Estate Planning Resources

In-depth guides covering Hawaii probate laws, trust requirements, and estate planning strategies.