Rhode Island: Do You Automatically Control the Estate If Appointed Guardian of the Person? | Rhode Island Probate | FastCounsel
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Rhode Island: Do You Automatically Control the Estate If Appointed Guardian of the Person?

Detailed Answer

Short answer: In Rhode Island, being appointed guardian of the person does not automatically make you guardian of the estate. The court must separately appoint a guardian of the estate (sometimes called a conservator or guardian of the property) to give you authority to manage the protected person’s financial affairs.

How Rhode Island law separates personal care and financial authority

Rhode Island treats the care of a person (medical decisions, living arrangements, daily care) as a distinct role from managing that person’s money and property. A guardian of the person has authority only over the protected person’s personal needs unless the probate court’s order expressly grants additional powers. To handle bank accounts, pay bills, sell property, or make investments, the court must appoint a guardian of the estate and give that person the specific legal authority to act on the protected person’s behalf.

For the statutory framework and procedural rules, see Rhode Island’s guardianship and conservatorship statutes and probate resources. The Rhode Island Code addressing guardianship is available from the General Assembly: R.I. Gen. Laws, Chapter 33-15 (Guardians and Conservators). For practical information and forms from the state courts, see the Rhode Island Judiciary guardianship pages: Rhode Island Judiciary – Guardianship & Conservatorship.

Typical steps to obtain authority over a protected person’s estate

  1. File a separate petition in probate court asking to be appointed guardian of the estate (or a combined petition asking for both roles if both kinds of guardianship are needed).
  2. Give required notice to interested persons and creditors so they can object if appropriate.
  3. The court may require an inventory of the protected person’s assets, a bond (or waiver of bond), and proof that the proposed guardian is suitable.
  4. If appointed, the guardian of the estate must follow court rules on recordkeeping and usually must file periodic accountings and reports with the probate court.

Practical consequences of separate appointments (examples)

  • If you are only guardian of the person, you may consent to medical care and make living‑arrangement decisions, but you generally cannot sign a deed to sell the person’s house or access their bank accounts without a separate court order.
  • If the court appoints you guardian of the estate, you can manage finances as authorized by the court, but that role carries duties: fiduciary responsibility, bonding, and regular accounting.
  • Sometimes the court appoints the same person to both roles, but that happens only after the court considers the petition and issues separate letters/orders for each role (or one order that explicitly grants both sets of powers).

When the court might combine roles

The probate court has discretion to appoint one individual to both roles if the circumstances support it and the appointment serves the protected person’s best interests. If you think one person should handle both personal and financial matters, your petition should explain why a combined appointment is appropriate and show that the proposed guardian can handle both sets of duties.

Helpful Hints

  • Read the court’s order or letters of appointment carefully. The order defines the powers you have—do not assume powers beyond what’s written.
  • If you need financial authority, file a petition for guardianship of the estate (or a combined petition). Your probate clerk can tell you which forms the court requires.
  • Expect requirements such as filing an inventory, posting a bond, and providing annual accountings when you are guardian of the estate.
  • Keep meticulous records: receipts, bank statements, and copies of any transactions you make on behalf of the protected person.
  • Obtain court approval before making major financial moves (selling real estate, making investments, or giving large gifts) unless the court order expressly permits such acts.
  • If a creditor or third party asks for documentation of your authority, show them the letters of appointment from the probate court. If they refuse to accept them, contact the probate court for guidance.
  • Consider consulting a Rhode Island probate or elder law attorney for complex estates or difficult decisions; an attorney can help with petitions, accountings, and compliance with statutory duties.

Next steps

Contact the probate court in the county where the protected person resides to learn the local filing procedures and required forms. Use the Rhode Island Judiciary resources for forms and procedural guides: Rhode Island Judiciary – Guardianship & Conservatorship. For the statutory rules governing guardianship and conservatorship, see Chapter 33‑15 of the Rhode Island General Laws: R.I. Gen. Laws, Chapter 33‑15.

Disclaimer: This article provides general information about Rhode Island guardianship practice and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Rhode Island attorney or contact the probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.