Legal Aid Helps Native Hawaiian Grand-Aunt Get Guardianship

*Hana, a Native Hawaiian from Hilo, has been watching over her grandnephew since he was born. She loved him like her own.

When the boy left for California with his mom, Hana’s niece, she missed him, but she understood – her niece had to seek treatment for substance abuse.

This situation did not last long, however.

After a year, Hana and her husband picked up the boy from California, as his mother's treatment was not going according to plan. His mom decided to stay in California; she was unable to take care of him.

Hana was heartbroken for the child, but a power of attorney allowed her to make decisions for his welfare. After it lapsed in February 2022 when her grandnephew was only three years old, Hana reached out to Legal Aid for help with obtaining a guardianship.

The child needed dental work done, and Hana had to be declared his legal guardian to independently authorize medical or health care. It had become necessary to pursue a guardianship because his mother had been difficult to reach for consent for the various dental and other medical procedures he needed.

“I was frustrated by the complex paperwork and process to apply for guardianship,” said Hana. “I was concerned that it may not be awarded because I didn’t understand the process or what was needed for my situation. I didn’t want to have to repeat the process.”

Hana was anxious that without any kind of authority, she couldn’t get medical care for her grandnephew.

Why not adoption?

“The mother was only okay with guardianship. It preserves her parental rights,” said Hawaiʻi Island Managing Attorney Scott Shishido, Hana’s primary advocate. “She did not want to lose her parental rights to the child. If she wants to modify or terminate the guardianship, she still has standing do that.”

Legal Aid drafted the petition and represented Hana at the hearing. The judge approved the guardianship!

“Hana was very gracious,” said Scott. “She was happy for her grandnephew and that she can now authorize the care that he needed. It is a pleasure to work with clients who are trying to do what they need to care for children in their family." 

“They helped me understand the guardianship process and requirements,” said Hana. “Due to Legal Aid’s help, I was able to complete the necessary paperwork, secure the needed signatures, and successfully get a guardianship for my loved one.”

Guardianship cases constitute between 10 and 15 percent of total client cases on Hawai‘i Island.