STAND. COM. REP. NO. 1217

Honolulu, Hawaii

RE:    H.B. No. 293

       H.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 293, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to clarify the circumstances under which the appointment of a conservator is appropriate.

     Specifically, this measure allows a court to appoint a conservator or make any other protective order in relation to the estate and affairs of an individual if the petition for a protective arrangement establishes, among other things that the individual is unable to manage property and business affairs effectively because of:

     (1)  An impairment in the individual’s ability to receive and evaluate information and make and communicate decisions; or

     (2)  Another physical, mental, or health impairment.

     Your Committee received testimony in support of this measure from the Judiciary-Uniform Probate Code and Probate Court Practices Committee.

     This measure enables the court to provide a protective arrangement to a physically challenged individual who may be able to receive and evaluate information and make and communicate decisions but who, because of other impairments, would welcome and benefit from a protective arrangement.

     Your Committee finds that this measure adds flexibility to the criteria for establishing the need for a protective arrangement, thus enhancing the court's ability to improve the conditions of those seeking and requiring protection, without impairing the rights of these individuals.

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

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair