IN THE SUPREME COURT OF THE STATE OF HAWAI`I


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IN THE MATTER

OF

THE GUARDIANSHIP OF

EDITH M. CARLSMITH, Incapacitated Person

NO. 27569





ORDER OF AMENDMENT
(FC-G NO.03-1-0350)



JANUARY 24, 2007





MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, AND DUFFY, JJ.

The opinion of the court, filed on October 18, 2006, is amended by deleting the following sentences on page 27, lines 23-26 from the top:

"As a general rule, however, '[w]hen a statute . . . and a rule conflict, the statute prevails. In re Doe, 109 Hawai`i 399, 409, 126 P.3d 1086, 1096 (2006). Accordingly, we determine whether the mandates of HRS § 560:5-309 were observed."

Further, the paragraph indentations of the next paragraph are deleted, so that that paragraph is incorporated into the prior paragraph.

The Clerk of the Court is directed to incorporate the foregoing changes in the original opinion and take all necessary steps to notify the publishing agencies of these changes.