STAND. COM. REP. NO.  156

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 293

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 293 entitled:

"A BILL FOR AN ACT RELATING TO PROTECTIVE PROCEEDINGS,"

begs leave to report as follows:

     The purpose of this bill is to expand the eligibility of individuals who can have a court-appointed conservator manage their property and business affairs.

     Currently, the court can only name conservators to assist individuals who are unable to manage their property and business affairs due to an impairment in their ability to receive and evaluate information or to make or communicate decisions.  However, there are individuals with physical, mental, or health impairments who may want and would benefit from the assistance of a conservator.  This bill restores prior statutory language to allow individuals with these impairments to benefit from a protective arrangement provided by a conservator.

     The attorney members of the Standing Committee on the Uniform Probate Code and Probate Court Practices of the Judiciary of the State of Hawaii testified in support of this measure.

     Your Committee has amended this bill by making technical, nonsubstantive amendments to correct drafting errors.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 293, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 293, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

JON RIKI KARAMATSU, Chair