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GM 1147

Informing the Legislature that on May 27, 2026, the Governor signed the following bill into law: HB2093 SD1 (ACT 047).

2026 Regular Session

The bill tightens privacy in guardianship/conservatorship cases by automatically sealing vital records, time-limiting seals on sensitive reports, and defining who can access confid

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Bill Summary · GM 1147

Summary of HB 2093 SD1 (Act 047) — Hawaii, 2026

What the bill does (purpose and intent)

  • Establishes amendments to the handling and sealing of confidential documents in guardianship and conservatorship proceedings under Hawaii’s Uniform Probate Code.
  • Aims to better protect an individual’s privacy by clarifying which documents are sealed automatically, which are temporarily sealed pending a court hearing, and who may access confidential materials.
  • Distinguishes between certain vital records (sealed upon filing by default) and other highly sensitive materials (temporary sealing with a court-review process).

Key provisions and changes

  1. Documents sealed upon filing (permanent sealing unless court orders otherwise)

    • Applies to:
      • Birth certificates
      • Marriage certificates
      • Death certificates
      • Tax returns
    • These documents shall remain sealed unless a court orders otherwise.

  2. Documents temporarily filed under seal pending a court hearing (to determine continued sealing)

    • Applies to:
      • Kokua kanawai's report (a court-connected assessment)
      • Court-ordered professional evaluations
      • Responses and objections to a kokua kanawai's report or a professional evaluation
      • Physician’s letters or medical records regarding an individual’s capacity to receive and evaluate information, or to meet essential health, safety, or self-care requirements
      • Physician’s letters or medical records about an individual’s ability to manage property and business affairs
    • These items are sealed at filing but may be unsealed or continued under seal after a court hearing to assess compelling privacy interests.

  3. Confidentiality of reports and evaluations (who can access)

    • Maintains confidentiality of kokua kanawai reports and professional evaluations (documents listed under 560:1-311(c)).
    • Access allowed to:
      • The court
      • The respondent (without limitation as to use)
      • All parties named in the petition (under 560:5-304(b))
      • The kokua kanawai, any nominated guardian, and the petitioner's and respondent’s lawyers
      • Other persons as deemed appropriate by the court for good cause

  4. Confidentiality for related records (sections 560:5-407)

    • Similar access framework for confidential records connected to conservatorship terms, allowing the court, the respondent, petitioners/nominated conservators and their lawyers, and others as ordered by the court.

  5. Effective date

    • Takes effect upon approval (Act 047).

Who is affected

  • Individuals subject to guardianship or conservatorship proceedings under Hawaii’s chapter 560.
  • Guardians, conservators, kokua kanawai (a court-appointed support figure), petitioners, respondents, and their legal representatives.
  • Courts handling probate, guardianship, and conservatorship matters.
  • Attendees of guardianship/conservatorship cases who access or are impacted by sealed or temporarily sealed records.

Procedural and timeline aspects

  • The act was approved by the Governor on May 27, 2026, and is designated as Act 047.
  • Sealing changes apply at the time of filing and may be revisited at ongoing court hearings to determine continued sealing based on compelling privacy interests.
  • The changes align with recommendations from Hawaii’s judiciary uniform probate code committee and probate court practices.

Notable context

  • The legislation recognizes the sensitive, private nature of information in guardianship and conservatorship cases and adjusts public access versus privacy protections accordingly.
  • Maintains public access to court records unless a compelling reason exists to restrict access, but creates a structured approach to sealing for specific personal and medical information.

If you’d like, I can provide a side-by-side comparison with the prior statute to highlight exact changes line-by-line.

Compiled from official sources — confirm details with the bill’s official record.

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