Charting a Course for Family Security

Selecting Guardian for Minors

Selecting the Guardian
How do the child and proposed guardian (and guardian's children) get along)? (May be appropriate to ask the child). Characteristics: Age, health, education, religion, lifestyle, moral values, emotional stability, financial security, stability of marriage, views on discipline.
Compensating the Guardian
Will there be a disparity in financial resources? consider provision to equalize with guardian's children to avoid resentment: Private school, automobile, vacation, camps, gifts. Where will child live?  Guardian's home or your  home? Compensate guardian for room addition, utilities, mortgage, repairs, household help? Will child have to move to a new neighborhood and new school?  Will guardian be compensated? How much?
Consult with Guardian
Are they willing to serve? If you anticipate a contest, would they be willing to go to court and fight for custody? Who will pay their attorney's fees and costs if they lose?
Multiple children
Will the guardian be willing to raise several children? How many? Would children need to be split up?
Alternative guardians
If guardians get divorced, become disabled or die, which one continues as guardian? single parent acceptable? Designate alternate guardian under what circumstances?
Child's Selection
Under Hawaii law a child aged 13 can select his own guardian subject to court approval.
Court has final say
Hawaii law provides that a guardian nominated in a Will has priority but appointment is subject to court determination of "best interests" of child. If you anticipate a contest then refer in Will to separate Affidavit and spell out your reasons for your selection in detail on the Affidavit.
 

Downtown Office

Pacific Guardian Center
733 Bishop Street
Suite 2357
Honolulu, HI 96813

Kahala Office

Kahala
1215 Hunakai St
Suite 209
Honolulu, HI 96816

Leeward Office

Newton Square
98-1247 Kaahumanu Street
Suite 221
Aiea, HI 96701

Windward Office

Kailua
1247 Kailua Road
Suite D
Kailua, HI 96734