Title 33, Title 33 Practice and Procedure

Where the petition for appointment of a limited guardian or guardian alleges that the respondent lacks decision making ability regarding his or her real property, the petitioner shall cause a copy of the petition, with the order of notice thereon, to be recorded in the records of…

If a limited guardian or guardian is appointed for any individual under this chapter, the court shall make an allowance to be paid by the limited guardian or guardian, for all reasonable expenses incurred in prosecuting or defending against the petition.

In any petition for the appointment of a limited guardian or guardian filed by the director of public welfare of any city or town or the directors of social and rehabilitative services and behavioral healthcare, developmental disabilities and hospitals or their designated agent, …

The probate court of any city or town may appoint or approve a limited guardian or guardian of the estate of an individual who resides outside this state and who has an estate in the city or town and has no limited guardian or guardian in this state and who, if a resident, would …

(a) Except for the appointment of a temporary guardian, no petition for limited guardian or guardian shall be heard and no person shall be appointed limited guardian or guardian of an individual unless notice of the petition for appointment of a limited guardian or guardian and a…

(a) Removal may be requested by the ward or anyone acting on behalf of the ward, including the limited guardian, guardian or conservator. The ward may retain counsel for this purpose. (1) The court shall remove any limited guardians, guardian or conservator appointed or approved …

(a) Unless specifically authorized by court order, a limited guardian, guardian, or conservator shall not restrict a ward’s right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail. If a ward…

(a) Within thirty (30) days after his or her appointment, or any longer time that may be allowed by the probate court, a temporary guardian, guardian, or limited guardian shall return to the probate court, under oath, an inventory and appraisement of all the real and personal pro…

Any person may file with the probate court clerk, in the city or town where the proposed ward resides or where an out of state proposed ward has property, a verified petition for the appointment of a guardian. The petition shall state the following information known to the petiti…

Creditors of a ward shall file statements of their claims in the office of the probate clerk. Those claims filed within six (6) months, if allowed or proved, shall be preferred in payment over all claims subsequently filed. Claims filed after six (6) months shall be payable only …

All legal demands against the ward, although due at a future day, may be filed and be payable with other claims, deducting interest for the anticipated payment.

Every creditor shall file his or her post office address in the office of the probate clerk, and, if requested, an affidavit in support of his or her claim, in the same manner as is provided in the case of claims against estates of deceased persons.

Within thirty (30) days after the expiration of the six (6) months, the limited guardian or guardian shall file in the office of the probate clerk a statement disallowing any of the claims filed as he or she intends to contest, and shall give notice in writing, either personally …

No action shall be brought or prosecuted against any person under limited guardianship or guardianship within seven (7) months after the first publication of the notice. A creditor shall be entitled to his or her whole claim if the estate, is solvent, or a dividend if the estate …

If a limited guardian or guardian shall neglect to return a true inventory of his or her ward’s estate, or shall neglect to apply the real and personal estate of his or her ward to the payment of the ward’s debts, it shall be deemed a breach of his or her bond, and he or she and …

(a) A limited guardian or guardian with authority to make decisions regarding the ward’s estate, shall return to the probate court, in every year, his or her account, in the same manner as executors and administrators are by law required to do. The probate court shall monitor eac…

(a) A limited guardian or guardian with authority to make decisions regarding the ward’s person shall return to the probate court, in every year, the annual status report, in the form as shown in § 33-15-47, regarding the status of the ward. The report shall include the following…

Probate courts are authorized to allow in the settlement of the accounts of any limited guardian or guardian such reasonable sums as the limited guardian or guardian shall have paid for the suitable support of his or her ward and the ward’s family, and also a reasonable compensat…

Every limited guardian or guardian with authority to make decisions with respect to the person of his or her ward shall exercise authority in the best interest of his or her ward. Every limited guardian or guardian with authority to make decisions with respect to the estate of hi…

Pursuant to the provisions of this chapter, the probate court in each city or town shall have the power to appoint or approve limited guardians or guardians of individuals who shall reside or have a legal settlement within the city or town, and of individuals who reside outside t…

A limited guardian or guardian with authority to make decisions regarding the ward’s personal property shall collect all the personal property of his or her ward over which he or she has authority and sell and apply the personal property or so much as shall be necessary, at the t…

If the personal property in the hands of a limited guardian or guardian is insufficient to pay the debts of his or her ward, including incumbrances on the ward’s estate, and the expense of supporting the ward and his or her family, and if the limited guardian or guardian has auth…

A limited guardian or guardian with authority to make decisions regarding the ward’s personal property may make application for the sale of the personal property of his or her ward, or any of it, for better or more advantageous investment, or for the support of the ward and the w…

Limited guardians or guardians may be authorized to invest any money in their hands, not needed for the payment of debts, or for the support, or education of their wards, in notes secured by mortgage upon unincumbered, improved real estate situated in this state, or in the bonds …

Whenever the ward is the owner of stock in any corporation, and the limited guardianship or guardianship order so authorizes, the limited guardian or guardian shall have and exercise on behalf of his or her ward all the rights and powers of voting, either personally or by proxy, …

Whenever a limited guardian or guardian or a conservator of the estate of any person is appointed by any court in this state and the person has, prior to the appointment of the limited guardian or guardian or conservator, provided for any other person out of his or her estate, wh…

(a) The superior or probate court, upon the petition of a conservator, limited guardian or guardian, other than the guardian of a minor, and after notice by publication as the court directs and other notice to all persons interested, may authorize the conservator, limited guardia…

Nothing contained in §§ 33-15-37 or 33-15-37.1 shall be held to limit or restrict any powers which a limited guardian, guardian, or conservator may have apart from the provisions of those sections.

Whenever in any proceeding under § 33-15-37 or 33-15-37.1 there are contingent interests of persons not in being, or not ascertainable, or interests of persons non sui juris, the court may appoint a person to represent those contingent interests, or a guardian ad litem to represe…

(a)(1) Absent a finding, based on a decision making assessment tool, that an individual is totally incapacitated, the court shall limit the scope of the powers and duties of a guardian to the terms best suited to allow the individual found partially incapacitated to participate a…

(a) Any person who files a petition for a guardianship of the person pursuant to the provisions of this chapter may also file to be qualified as a good Samaritan guardian. A good Samaritan guardian may be appointed by the probate court in those instances where the court determine…

The probate court may on exporting application, issue orders providing the payment of a filing fee in cases of a good Samaritan guardianship, prior to the filing of the petition. The probate court shall provide forms for such application for waiver of fee.

Notwithstanding the provisions of R.I.G.L. § 33-17-1.3, surety shall not be required on any bond of a good Samaritan guardian unless the probate court determines that the circumstances so warrant surety.

No person acting as a duly appointed good Samaritan guardian pursuant to the provisions of this chapter, will in the performance of their duty and responsibility as such a good Samaritan guardian, shall be liable for civil damage which result from acts or omissions by such person…

Except as otherwise provided for in § 33-15-4.1 — 33-15-4.4, a good Samaritan guardian shall be subject to all other duties and responsibilities required of a guardian under this title, including but not limited to the provisions pertaining the accountings; provided, that the pro…

An appeal may be taken to the supreme court from any final order, judgment, or decree of the superior court entered in any proceeding brought under the provisions of § 33-15-37 or 33-15-37.1 at any time within twenty (20) days from the entry of the order, judgment, or decree, and…

The provisions of §§ 33-15-37 — 33-15-40 shall apply to any estate where a limited guardian, a guardian, or a conservator has been appointed whether prior to June 13th, 1923, or thereafter.

In all cases where a guardian and his or her ward are both nonresidents in this state and the ward is entitled to property of any description in this state, the guardian, on producing satisfactory proof to the probate court of the city or town where any property is situated, by c…

Whenever a nonresident guardian shall produce an exemplification, under the seal, if any there be, of the proper court in the state of his or her residence, containing all the entries in relation to his or her appointment and in relation to his or her having given bond, duly auth…

If a person, by reason of disability or upon his or her own election, is unable to properly care for his or her property, the probate court of the town in which he or she resides, upon his or her petition, or the petition of one or more of his or her relatives or friends, may app…

A conservator shall give bond and file inventory as is required of guardians of estates. All provisions of law relating to accounting and to the management, investment, sale, lease, or mortgage by guardians of estates shall apply to the accounting and to the management, investmen…

The following forms shall be used for the purposes of this chapter: _______________________________________Petitioner hereby petitions the Probate Court of the city/town of _______________________________________ to appoint a limited guardian/guardian for ________________________…

No limited guardian or guardian shall be appointed until after a hearing on the petition. The hearing shall be before a judge of the probate court of the city or town where the petition was filed. (1) The respondent shall have the right to be present at the hearing and all other …

(a) The court shall not appoint as limited guardian or guardian any agency, public or private, or representative thereof, which financially benefits from providing housing, medical, or social services to the individual found to be incapacitated. (b) Before appointing an individua…

(a) In order to assist and protect Rhode Island’s at-risk elderly and others over whom a limited guardian or guardian would be required, all persons applying for appointment as a limited guardian or guardian shall apply to the Rhode Island attorney general, the Rhode Island state…

(a) Upon filing with the probate court clerk of a petition for the appointment of a guardian, a guardian ad litem shall be appointed for each respondent only in the proceeding for guardianship of an adult. (b) The guardian ad litem need not be an attorney but shall have sufficien…