Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
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. Any person who files a petition for guardianship of the person 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 determines that the estate of a proposed ward is insufficient to pay for the services of a guardian and that such an appointment would otherwise be in the best interests of the individual for whom the guardianship is proposed.
Notice of Hearing:
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 copy of the petition itself shall be served upon the respondent in person at least 14 days prior to any hearing on the petition. If the hearing date is continued by the probate court for any reason after service on the respondent and no objection to the petition is filed by or on behalf of the respondent, no further service on the respondent shall be required. The probate court, in its discretion, may require further notice to the respondent in such manner as prescribed by the court. In the case of a petition for the appointment of a temporary guardian, such 14 day notice period shall be reduced to five days, unless a shorter period is ordered by the court.
Examinations, Evaluations, and Interviews
A decision-making assessment tool, in the form as shown in § 33-15-47, must be filed with the petition in each case, provided, that the probate court may excuse the filing of a decision-making assessment tool only on a petition for temporary guardianship in extraordinary or emergency circumstances and upon the provision of other competent evidence. The individual’s primary care physician must complete the decision-making assessment tool, however, if the individual’s primary care physician is not available or if the individual does not have a primary care physician the decision-making assessment tool must be completed by a physician who has examined and treated the individual. Professionals, or other persons acquainted with the individual being assessed, may also complete additional decision-making assessment tools.
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 stages of the proceedings.
(2) The respondent shall be allowed to:
(i) Compel the attendance of witnesses;
(ii) Present evidence; and
(iii) Confront and cross-examine witnesses.
(3) The standard of proof shall be clear and convincing evidence.
(4) The Rhode Island rules of evidence shall apply.
(5) Any professional whose training and experience aid in the assessment of decision-making ability and who has so assessed the respondent may be permitted to provide expert testimony regarding the decision-making assessment of the respondent.
Conservatorship in Rhode Island:
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 appoint a conservator of his or her property. Upon the filing of the petition, the court shall appoint a time and place for a hearing and shall cause at least 14 days' notice of the hearing to be given to the person for whom a conservator is to be appointed if he or she is not the petitioner. If, at the hearing, it appears that the person is incapable of properly caring for his or her property, a conservator shall be appointed, who shall have the charge and management of the property of the person subject to the direction of the court.
R.I. Gen. Laws § 33-15-2
R.I. Gen. Laws § 33-15-17.1
R.I. Gen. Laws § 33-15-5
R.I. Gen. Laws § 33-15-6
R.I. Gen. Laws § 33-15-4
R.I. Gen. Laws § 33-15-44