Report Title:

Protection of Incapacitated Persons; Contracts

Description:

Invalidates contracts or agreements entered into by incapacitated persons.

HOUSE OF REPRESENTATIVES

H.B. NO.

2531

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INCAPACITATED PERSONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

Section 1. Chapter 560, Hawaii Revised Statutes, is amended by adding a new section to article V, part I, to be appropriately designated and to read as follows:

"§560:5- Invalidation of contract. (a) Any agreement or contract of any nature entered into by a person while that person was an incapacitated person shall be voidable and may be set aside by the court.

(b) Any parent, spouse, guardian of the person, or guardian of the property of an incapacitated person, or any other person who may be adversely affected by the agreement or contract entered into by an incapacitated person may petition the court to invalidate the agreement or contract."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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