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Home » US Law » 2022 Rhode Island General Laws » Title 33 - Probate Practice and Procedure » Chapter 33-15 - Limited Guardianship and Guardianship of Adults

Section 33-15-1. – Legislative intent.

§ 33-15-1. Legislative intent. The legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives that person of all his or her civil and legal rights and that this deprivation may be unnecessary. The legislature further finds that it is desirable to make available, the least restrictive form of guardianship […]

Section 33-15-10. – Appointment of temporary limited guardian or guardian.

§ 33-15-10. Appointment of temporary limited guardian or guardian. The probate court for cause shown after notice, pending any application for the appointment of a limited guardian or guardian, or pending any appeal from a decree appointing a limited guardian or guardian, may, if it shall deem proper, appoint a temporary limited guardian or temporary […]

Section 33-15-11. – Tenure of temporary limited guardian or guardian.

§ 33-15-11. Tenure of temporary limited guardian or guardian. A temporary limited guardian or guardian shall serve until the question of appointment of a guardian is decided, or until he or she shall be discharged by the probate court. There shall be no appeal from the appointment of a temporary limited guardian or guardian. History […]

Section 33-15-12. – Powers of temporary limited guardian or guardian — Bond.

§ 33-15-12. Powers of temporary limited guardian or guardian — Bond. Each limited guardian or guardian, appointed as provided in § 33-15-10, shall have the authority granted by the temporary limited guardianship or guardianship order until he or she shall be legally discharged; and he or she shall give bond to the probate court in […]

Section 33-15-13. – Recording of petition in land records — Disability to contract.

§ 33-15-13. Recording of petition in land records — Disability to contract. 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 […]

Section 33-15-14. – Expense of prosecuting or defending against petition.

§ 33-15-14. Expense of prosecuting or defending against petition. 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. History of Section.C.P.A. 1905, § […]

Section 33-15-15. – Exemption of welfare agencies from costs and bond.

§ 33-15-15. Exemption of welfare agencies from costs and bond. 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, in which […]

Section 33-15-16. – Guardian of estate of nonresident.

§ 33-15-16. Guardian of estate of nonresident. 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 […]

Section 33-15-17. – Repealed.

§ 33-15-17. Repealed. History of Section.C.P.A. 1905, § 1056; G.L. 1909, ch. 321, § 16; G.L. 1923, ch. 372, § 16; G.L. 1938, ch. 426, § 16; G.L. 1956, § 33-15-17; Repealed by P.L. 1992, ch. 493, § 1, effective July 21, 1992.

Section 33-15-17.1. – Notice.

§ 33-15-17.1. Notice. (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 copy of the petition itself […]

Section 33-15-18.1. – Rights of persons subject to limited guardianship, guardianship and conservatorship.

§ 33-15-18.1. Rights of persons subject to limited guardianship, guardianship and conservatorship. (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 is unable […]

Section 33-15-19. – Inventory and appraisement of estate.

§ 33-15-19. Inventory and appraisement of estate. (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 property […]

Section 33-15-2. – Petition for appointment of a limited guardian or guardian.

§ 33-15-2. Petition for appointment of a limited guardian or guardian. 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 […]

Section 33-15-20. – Statements of claims against estate.

§ 33-15-20. 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 33-15-21. – Demands payable in future.

§ 33-15-21. 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.C.P.A. 1905, § 1061; G.L. 1909, ch. 321, § 21; G.L. 1923, ch. 372, § 20; G.L. 1938, ch. 426, […]

Section 33-15-22. – Addresses of creditors — Affidavit to support claim.

§ 33-15-22. 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 33-15-23. – Notice of disallowance of claims.

§ 33-15-23. Notice of disallowance of claims. 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 […]

Section 33-15-24. – Period after notice of claims disallowance during which actions barred — Amount to which creditor entitled — Service on limited guardian or guardian.

§ 33-15-24. Period after notice of claims disallowance during which actions barred — Amount to which creditor entitled — Service on limited guardian or guardian. 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 […]