By Angela Correa-Pei, NHLC Of Counsel

Hānai – the traditional practice where someone other than the natural parents assumes kuleana for a child’s upbringing – is well-established in Hawaiian culture and common in kupuna–moʻopuna relationships. The ʻōlelo noʻeau “ʻIke aku, ʻike mai, kōkua aku, kōkua mai; pela iho ka nohona ʻohana” (Recognize and be recognized, help and be helped; such is family life) captures this spirit of mutual care. While hānai is recognized under Hawaiʻi law in some contexts, hānai mākua may need additional, formal legal status to fully meet the needs of the keiki.

Three primary legal options allow someone other than a child’s legal parents to care for and make decisions for that child: power of attorney of a minor, legal guardianship, and adoption. The right option depends on the circumstances, always centering the keiki’s best interests.

Power of Attorney of a Minor (POA)

Through a POA, a legal parent voluntarily delegates rights and responsibilities to another person to care for the child. The parent can specify what powers to grant or limit for example, authorizing medical care but restricting certain procedures. The POA must be signed before a notary and cannot exceed one year (HRS §560:5-105). It may be revoked at any time or replaced with a new POA. Because it is voluntary and temporary, a POA is most useful when parents remain active and cooperative in caregiving.

Legal Guardianship

A legal guardian has the duty and authority to make major decisions affecting a minor’s welfare (HRS §571-2). Establishing guardianship requires a court petition. The court may appoint a guardian upon finding the legal standards are met and the arrangement serves the child’s best interest. Guardianship does not permanently terminate the parent’s rights; parents may retain limited rights such as visitation. The guardianship ends when the child turns 18 or earlier if the court finds it should end. Guardians must submit annual reports to the court on the child’s wellbeing.

Adoption

Adoption creates a permanent, irrevocable legal parent-child relationship, fully transferring parental rights and responsibilities to the adoptive parents. The process requires a court hearing and findings that the child is adoptable, the petitioners are fit and able to provide care, and adoption is in the child’s best interest (HRS §578-8). Upon finalization, the court orders a new birth certificate listing the adoptive parents. Adoption permanently severs the legal ties to the biological parents.

While hānai relationships remain cherished, a formal legal status may be required to make decisions and ensure stability for the keiki. The appropriate path depends on your family’s needs and what serves the child’s best interests.

“He lei poina ʻole ke keiki; A lei never forgotten is the beloved child.” – ʻŌlelo Noʻeau #740

This article was originally published in the December 1, 2025, edition of Ka Wai Ola. NHLC partners with the Office of Hawaiian Affairs to publish an article in Ka Wai Ola each month that responds to community questions. You can access this article on the Ka Wai Ola website here.

Ask NHLC provides general information about the law. Ask NHLC is not legal advice. You can contact NHLC about your legal needs by calling NHLC’s offices at 808-521-2302.

To submit questions for future editions of Ask NHLC, email NinauNHLC@nhlchi.org