Disclaimer: This article provides general information about Rhode Island guardianship and conservatorship law and is not legal advice. Consult a licensed attorney for guidance.
Detailed Answer
1. File a Guardianship or Conservatorship Petition
Start by filing a petition in the Rhode Island Superior Court in the county where the proposed ward lives. Under Rhode Island Gen. Laws § 33-15-3, the petition must include:
- The petitioner’s name, address, and relationship to the proposed ward.
- A description of the proposed ward’s condition and why they cannot manage personal or financial affairs.
- The type of appointment requested: guardian of the person, conservator of the estate, or both.
- An affidavit or medical report from a licensed physician evaluating incapacity. See R.I. Gen. Laws § 33-15-3 (33-15-3).
2. Serve Notice on Interested Parties
Rhode Island law requires notice to the proposed ward and close relatives. Under § 33-15-4, you must:
- Mail or hand-deliver the petition and notice of hearing to the proposed ward at least 14 days before the hearing.
- Notify all next of kin, spouse, or legal guardian if known. See R.I. Gen. Laws § 33-15-4 (33-15-4).
3. Court Investigation
After filing, the court appoints an investigator or guardian-ad-litem to interview the ward and review medical and financial records. The investigator submits a written report on whether guardianship or conservatorship is appropriate. See R.I. Gen. Laws § 33-15-6 (33-15-6).
4. Attend the Hearing
The court schedules a hearing where the petitioner and proposed ward may testify. The judge evaluates the evidence, including medical testimony, the investigator’s report, and any objections from family members.
5. Court Decision and Letters of Guardianship/Conservatorship
If the judge finds clear and convincing evidence of incapacity, they appoint a guardian of the person, conservator of the estate, or both. The court issues letters of guardianship or conservatorship that grant authority to act for the ward. See R.I. Gen. Laws § 33-15-5 (33-15-5).
Helpful Hints
- Gather recent medical records and a capacity evaluation well before filing.
- Talk with close relatives to address potential objections early.
- Prepare a detailed inventory of the ward’s assets if you seek conservatorship.
- Attend all court conferences and hearings; missing them can delay your case.
- Keep detailed records of decisions and expenditures once appointed.
- Review annual accountings; Rhode Island may require periodic financial reports.