Report Title:

Power of Attorney; Minors

Description:

Clarifies use of power of attorney for education of a minor.

THE SENATE	S.B. NO.	1144
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GUARDIANSHIP.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 560:5-105, Hawaii Revised Statutes, is amended to read as follows:

"§560:5-105  Delegation of power by parent or guardian[.]; education, abuse or neglect of minor. (a) A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person for a period not exceeding one year, which time limit shall be expressly stated in the document, any power regarding the care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.

(b)  The holder of a power of attorney shall inform the child protective services of the department of human services if the power of attorney was granted by reason of abuse or neglect perpetrated by the minor's parent or guardian.

(c)  The parent or guardian shall have the duty to enroll the minor in the appropriate school.  A power of attorney shall not be used as the basis to establish a minor's residency for purposes of:

(1) Attending a particular school;

(2) Circumventing the department of education's district or geographic exception process;

(3) Participating in athletics at a particular school; or

(4) Receiving special services or programs offered at a particular school, except through procedures established by the department of education.

The department of education may conduct site visits to a minor's physical place of residence to ascertain if that residence is the minor's legal place of residence for purposes of this subsection, or if the delegation of power violates this subsection; provided that the department shall adopt rules pursuant to chapter 91 to establish guidelines for the conduct of visits.  If the delegation of a power of attorney is in violation of paragraph (1) or (2), the department of education may withdraw the minor from school without notice and consent of the parent or guardian of the minor and without order of a court; provided that the minor shall be subsequently placed in the appropriate school.  If the delegation of power is in violation of paragraph (3) or (4), the department of education may withdraw the minor from the athletic program or special services or program."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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