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Home » US Law » 2022 Rhode Island General Laws » Title 33 - Probate Practice and Procedure » Chapter 33-15.1 - Guardianship of Minors

Section 33-15.1-1. – Parents as joint natural guardians — Releases.

§ 33-15.1-1. Parents as joint natural guardians — Releases. (a) The father and mother shall be the joint natural guardians of their minor children and shall be equally charged with their care, nurture, welfare and education; and they may be sued either jointly or separately for the support of their minor children. To the extent […]

Section 33-15.1-10. – Notice on ward for appointment of guardian of person.

§ 33-15.1-10. Notice on ward for appointment of guardian of person. No person shall be appointed guardian of the person of another, unless notice of the application for the appointment has been served upon the intended ward in person at least fourteen (14) days prior to any action on the application. Provided, if the intended […]

Section 33-15.1-11. – Notice to spouse, children or heirs at law of ward.

§ 33-15.1-11. Notice to spouse, children or heirs at law of ward. (a) No petition for guardianship of a minor shall be heard and no person shall be appointed guardian of the person or estate of another unless notice of the application for appointment together with notice of the date, time and place set for […]

Section 33-15.1-12. – Expense of prosecuting or defending against petition.

§ 33-15.1-12. Expense of prosecuting or defending against petition. If a guardian is appointed for any person liable to be put under guardianship under the provisions of this chapter, the court shall make an allowance to be paid by the guardian, for all reasonable expenses incurred in prosecuting or in defending against the petition. History […]

Section 33-15.1-13. – Exemption of welfare agencies from costs and bond.

§ 33-15.1-13. Exemption of welfare agencies from costs and bond. In any petition for the appointment of a guardian filed by the director of public welfare of any city or town, or the directors of the department of human services and behavioral healthcare, developmental disabilities and hospitals, or one designated by them in which the […]

Section 33-15.1-14. – Appointment of temporary guardian.

§ 33-15.1-14. Appointment of temporary guardian. The probate court for cause shown after any notice as it shall direct, pending any application for the appointment of a guardian, or pending any appeal from a decree appointing a guardian, may, if it shall deem proper, appoint a temporary guardian of the person and estate, or of […]

Section 33-15.1-15. – Tenure of temporary guardian.

§ 33-15.1-15. Tenure of temporary guardian. A temporary guardian shall hold his or her office until the question of appointment of a guardian be decided, or until he or she shall be discharged by the court of probate; and from the appointment of a temporary guardian there shall be no appeal. History of Section.P.L. 1992, […]

Section 33-15.1-16. – Powers of temporary guardian — Bond.

§ 33-15.1-16. Powers of temporary guardian — Bond. Every temporary guardian appointed as provided in § 33-15.1-14 shall have the care and custody of the person of his or her ward and the management of the estate of his or her ward, or care and custody of the person of his or her ward, or […]

Section 33-15.1-17. – Inventory and appraisement of estate.

§ 33-15.1-17. Inventory and appraisement of estate. Within thirty (30) days after his or her appointment, or such longer time as may be allowed by the probate court, a guardian shall return to the probate court, under oath, an inventory and appraisement of all the real and personal estate of his or her ward, to […]

Section 33-15.1-18. – Statements of claims against estate.

§ 33-15.1-18. Statements of claims against estate. 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 […]

Section 33-15.1-19. – Demands payable in future.

§ 33-15.1-19. Demands payable in future. 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. History of Section.P.L. 1992, ch. 493, § 5.

Section 33-15.1-20. – Addresses of creditors — Affidavit to support claim.

§ 33-15.1-20. Addresses of creditors — Affidavit to support claim. 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 […]

Section 33-15.1-23. – Sale or mortgage of real estate.

§ 33-15.1-23. Sale or mortgage of real estate. If the personal property in the hands of a guardian is insufficient to pay the debts of his or her ward, including incumbrances on his or her estate, and the expense of supporting him or her and his or her family, the guardian may be authorized by […]

Section 33-15.1-24. – Sale of personal property.

§ 33-15.1-24. Sale of personal property. A guardian may make application for the sale of the personal estate of his or her ward, or any of it, for better or more advantageous investment, or for the support of his or her ward and the ward’s family, or for any other purpose beneficial to the ward, […]

Section 33-15.1-25. – Notice of disallowance of claims.

§ 33-15.1-25. Notice of disallowance of claims. Within thirty (30) days after the expiration of the six (6) months, the 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 or by […]

Section 33-15.1-26. – Period after notice of claims disallowances during which actions barred — Amount to which creditor entitled — Service on guardian.

§ 33-15.1-26. Period after notice of claims disallowances during which actions barred — Amount to which creditor entitled — Service on guardian. No action shall be brought or prosecuted against any person under guardianship within seven (7) months after the first publication of the notice. A creditor shall be entitled to his or her whole […]