I understand a guardian can restrict communications of a ward if the guardian deems a person is a threat to the wards health,financial situation or well being. Does this include allowing for a guardian to petition for a TRO on behalf of the ward in court, without consent from the ward?
1 Answer
Generally speaking, a guardian can obtain a protection order or equivalent remedy on behalf of a ward. It may even be possible for a "next friend" of a person for whom a protection order is sought to obtain this relief without a formal guardianship appointment at the outset.
In some places, local practice would be to join the person against whom the protective order is sought as a party in the guardianship case, and in some places, local practice would be for the guardian to do so in a separate lawsuit. I don't know how this is usually handled in Hawaii, and it wouldn't necessarily be obvious on the face of the relevant statutes.