reglab/housing_qa huggingface dataset:
RI Gen L § 33-15-1 (2021)
2021 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 to assist persons who are only partially incapable of caring for their needs. Recognizing that every individual has unique needs and differing abilities, the legislature declares that it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in his or her own behalf. This chapter shall be liberally construed to accomplish this purpose.History of Section.P.L. 1992, ch. 493, § 4.
RI Gen L § 33-15-1.1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-1.1 - Repealed.

§ 33-15-1.1. Repealed.
RI Gen L § 33-15-2 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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 information known to the petitioner:(1) The name, age, and post office address of the proposed ward;(2) That, based on a decision making assessment tool which reflects the proposed ward's current level of decision making ability:(i) The proposed ward needs a limited guardian to provide assistance with decision making in the areas of financial, health care, residential and/or relationship matters; or(ii) The proposed ward needs a full guardian to provide assistance with decision making in all areas;(3) The guardianship powers being requested;(4) The steps which have been taken to utilize less restrictive alternatives to guardianship; and,(5) The qualifications of the individual proposed to serve as limited guardian or guardian.History of Section.P.L. 1992, ch. 493, § 4; P.L. 2007, ch. 417, § 1.
RI Gen L § 33-15-3 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-3 - Power of probate court to appoint limited guardians or guardians.

§ 33-15-3. Power of probate court to appoint limited guardians or guardians.Pursuant to the provisions of this chapter, the probate court in each city or town shall have the power to appoint or approve limited guardians or guardians of individuals who shall reside or have a legal settlement within the city or town, and of individuals who reside outside this state and have an estate within the city or town.History of Section.C.P.A. 1905, § 1041; G.L. 1909, ch. 321, § 1; G.L. 1923, ch. 372, § 1; G.L. 1938, ch. 426, § 1; G.L. 1956, § 33-15-3; 1992, ch. 493, § 3.
RI Gen L § 33-15-4.1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-4.1 - Good Samaritan guardians.

§ 33-15-4.1. Good Samaritan guardians.(a) Any person who files a petition for a guardianship of the person pursuant to the provisions of this chapter 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.(b) A person filing for appointment of a good Samaritan guardianship shall file all the forms required by this chapter to initiate a guardianship petition and shall file an additional form setting forth the qualifications of the proposed guardian to serve as a good Samaritan guardian. Such forms shall include, but not be limited to, the following information:(1) The experience, if applicable, of the proposed guardian;(2) The willingness of the proposed guardian to serve as said good Samaritan guardian; and(3) A statement that if appointed as a good Samaritan guardian, such person shall not seek any fees and/or monetary compensation for their services as a good Samaritan; provided, that this shall not be construed to prohibit the good Samaritan guardian from soliciting and/or utilizing charitable donations for and on behalf of the individual under guardianship.(c) The appointment of a good Samaritan guardian shall be in the discretion of the probate court.(d) Except as otherwise provided for herein, hearings on and notice of the application for and appointment of a good Samaritan guardianship shall proceed in the same manner as any other petition for guardianship pursuant to the provisions of this chapter.History of Section.P.L. 1999, ch. 494, § 1; P.L. 2008, ch. 299, § 3; P.L. 2008, ch. 419, § 3.
RI Gen L § 33-15-4.2 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-4.2 - Waiver of filing fees for good Samaritan guardianships.

§ 33-15-4.2. Waiver of filing fees for good Samaritan guardianships.The probate court may on exporting application, issue orders providing the payment of a filing fee in cases of a good Samaritan guardianship, prior to the filing of the petition. The probate court shall provide forms for such application for waiver of fee.History of Section.P.L. 1999, ch. 494, § 1.
RI Gen L § 33-15-4.3 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-4.3 - No cash surety required.

§ 33-15-4.3. No cash surety required.Notwithstanding the provisions of R.I.G.L. § 33-17-1.3, surety shall not be required on any bond of a good Samaritan guardian unless the probate court determines that the circumstances so warrant surety.History of Section.P.L. 1999, ch. 494, § 1.
RI Gen L § 33-15-4.4 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-4.4 - Immunity of good Samaritan guardians.

§ 33-15-4.4. Immunity of good Samaritan guardians.No person acting as a duly appointed good Samaritan guardian pursuant to the provisions of this chapter, will in the performance of their duty and responsibility as such a good Samaritan guardian, shall be liable for civil damage which result from acts or omissions by such persons so acting, which may constitute ordinary negligence. This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton conduct.History of Section.P.L. 1999, ch. 494, § 1.
RI Gen L § 33-15-4.5 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-4.5 - Continuing duties of good Samaritan guardians.

§ 33-15-4.5. Continuing duties of good Samaritan guardians.Except as otherwise provided for in § 33-15-4.1 — 33-15-4.4, a good Samaritan guardian shall be subject to all other duties and responsibilities required of a guardian under this title, including but not limited to the provisions pertaining the accountings; provided, that the probate court may waive any and all filing requirements and court fees associated with the guardianship, if in its discretion such waiver is warranted. The probate court may modify, amend and/or revoke the good Samaritan guardianship upon the discovery or addition of assets to the individual's estate and/or which otherwise make it inequitable for the guardian to continue to serve as a good Samaritan guardian.History of Section.P.L. 1999, ch. 494, § 1.
RI Gen L § 33-15-5 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-5 - Hearing.

§ 33-15-5. Hearing.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.History of Section.P.L. 1992, ch. 493, § 4; P.L. 2007, ch. 417, § 1.
RI Gen L § 33-15-6 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-6 - Who may be appointed limited guardian or guardian.

§ 33-15-6. Who may be appointed limited guardian or guardian.(a) The court shall not appoint as limited guardian or guardian any agency, public or private, or representative thereof, which financially benefits from providing housing, medical, or social services to the individual found to be incapacitated.(b) Before appointing an individual or agency as limited guardian or guardian, the court shall find that the individual or agency:(1) Has no criminal background which bears on suitability to serve as guardian;(2) Has the capacity to manage the financial resources involved;(3) Has the ability to meet the unique needs of the individual case; and(4) Has the ability to meet the requirements of the law.(c) Individuals or agencies eligible for consideration as limited guardian or guardian include, but are not limited to, the following:(1) Relatives or friends of the individual found to be incapacitated;(2) Banks, trust companies and other financial institutions;(3) Nonprofit corporations organized for charitable or religious purposes (including those organized specifically to act as limited guardian or guardian) and existing under the laws of this state.(d) The court may appoint an out of state resident as limited guardian or guardian if the court finds that the individual meets the requirements of this section.(e) In appointing a guardian, the court shall consider the wishes expressed by the individual found to be incapacitated as to preferences among individuals eligible to serve as limited guardian or guardian who meet the requirements of this section.History of Section.P.L. 1992, ch. 493, § 4.
RI Gen L § 33-15-8 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-8 - Authority of limited guardian or guardian.

§ 33-15-8. Authority of limited guardian or guardian.A limited guardian shall have only the authority as set forth by the limited guardianship order.History of Section.P.L. 1992, ch. 493, § 4.
RI Gen L § 33-15-8.1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-8.1 - Temporary guardianship for specific purpose.

§ 33-15-8.1. Temporary guardianship for specific purpose.If it is established in a proper proceeding that a basis exists for the appointment of a limited guardian or guardian as described in § 35-15-5, the court may appoint a temporary limited guardian for the specific purpose of authorizing, directing, or ratifying any transaction necessary or desirable for admission to a nursing facility, including, but not limited to, enrolling the protected person in the medicaid or general public assistance programs, in those instances where the nursing facility requires a limited guardian and the admission is in the best interest of the protected person. Prior to appointing a temporary limited guardian pursuant to this section, the court shall first make the following findings of fact:(1) That there exists a need for a limited guardian;(2) That no person is available to serve as full time guardian;(3) That no financial resources are available for the protected person's use and care; and(4) That it is necessary for proper care and treatment, that the protected person be moved to a nursing facility. The court may accept the resignation of the temporary limited guardian after the protected person has been admitted to the nursing facility and has been enrolled in the medicaid or general public assistance programs, if applicable.History of Section.P.L. 1990, ch. 282, § 1; P.L. 1990, ch. 362, § 1; P.L. 1992, ch. 493, § 3.
RI Gen L § 33-15-9 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-9 - Repealed.

§ 33-15-9. Repealed.
RI Gen L § 33-15-10 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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 guardian of the person and estate, or of the person or estate of the respondent.History of Section.C.P.A. 1905, § 1048; G.L. 1909, ch. 321, § 8; G.L. 1923, ch. 372, § 8; G.L. 1938, ch. 426, § 8; P.L. 1952, ch. 2946, § 1; G.L. 1956, § 33-15-10; P.L. 1992, ch. 493, § 3.
RI Gen L § 33-15-11 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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 of Section.C.P.A. 1905, § 1049; G.L. 1909, ch. 321, § 9; G.L. 1923, ch. 372, § 9; G.L. 1938, ch. 426, § 9; G.L. 1956, § 33-15-11; P.L. 1992, ch. 493, § 3.
RI Gen L § 33-15-12 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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 like manner, and with like conditions, as is required of limited guardians or guardians.History of Section.C.P.A. 1905, § 1050; G.L. 1909, ch. 321, § 10; G.L. 1923, ch. 372, § 10; G.L. 1938, ch. 426, § 10; P.L. 1952, ch. 2946, § 1; G.L. 1956, § 33-15-12; P.L. 1992, ch. 493, § 3.
RI Gen L § 33-15-13 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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 in the records of land evidence for the city or town in which any real property of the respondent is located. If a limited guardian or guardian is appointed with authority to administer the real property of the respondent, all contracts relative to, and sales and conveyances of, real property, made by the respondent after the record, and all other contracts, except for necessaries, and all gifts, sales, or transfers of personal property, made by the respondent after the first publication of notice of the petition and before the termination of the limited guardianship or guardianship, shall be void.History of Section.C.P.A. 1905, § 1051; G.L. 1909, ch. 321, § 11; G.L. 1923, ch. 372, § 11; G.L. 1938, ch. 426, § 11; G.L. 1956, § 33-15-13; P.L. 1992, ch. 493, § 3; P.L. 2001, ch. 223, § 1.
RI Gen L § 33-15-14 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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, § 1052; G.L. 1909, ch. 321, § 12; G.L. 1923, ch. 372, § 12; G.L. 1938, ch. 426, § 12; G.L. 1956, § 33-15-14; P.L. 1992, ch. 493, § 3.
RI Gen L § 33-15-15 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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 the director or agent certifies that the petition is filed for the purpose of enabling the respondent, who is without funds, to receive assistance from funds which are financed in whole or in part by federal grants, the director or his or her agent, as petitioner, shall not be required to pay court fees or to give surety on his or her bond.History of Section.G.L., ch. 426, § 43, as enacted by P.L. 1956, ch. 3757, § 1; G.L. 1956, § 33-15-15; Reorg. Plan No. 1, 1970; P.L. 1992, ch. 493, § 3.
RI Gen L § 33-15-16 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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 and who, if a resident, would meet the standards for limited guardianship or guardianship under the provisions of this chapter.History of Section.C.P.A. 1905, § 1055; G.L. 1909, ch. 321, § 15; G.L. 1923, ch. 372, § 15; G.L. 1938, ch. 426, § 15; G.L. 1956, § 33-15-16; P.L. 1992, ch. 493, § 3.
RI Gen L § 33-15-17 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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.
RI Gen L § 33-15-18 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|Section 33-15-18 - Removal of limited guardian or guardian or conservator - Resignation.

§ 33-15-18. Removal of limited guardian or guardian or conservator — Resignation.(a) Removal may be requested by the ward or anyone acting on behalf of the ward, including the limited guardian, guardian or conservator. The ward may retain counsel for this purpose.(1) The court shall remove any limited guardians, guardian or conservator appointed or approved by it upon finding that the limited guardian, guardian or conservator has not fulfilled, or is no longer able to fulfill, the duties of the appointment as set forth by the order itself and/or the limited guardianship and guardianship law.(2) The court shall remove any limited guardian or guardian or conservator upon finding that the ward, based on a decision making assessment tool, has the capacity to make decisions regarding his or her health care, finances, residence, and/or relationships.(b) A limited guardian or guardian or conservator may resign. The court shall accept the resignation of any limited guardian or guardian or conservator after he or she has accounted with the court for the estate of his or her ward in his or her possession and filed a report regarding the status of the ward including the ward's current residence and condition.History of Section.C.P.A. 1905, § 1057; G.L. 1909, ch. 321, § 17; G.L. 1923, ch. 372, § 17; G.L. 1938, ch. 426, § 17; G.L. 1956, § 33-15-18; P.L. 1992, ch. 493, § 3; P.L. 2007, ch. 417, § 1.
RI Gen L § 33-15-19 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-15 - Limited Guardianship and Guardianship of Adults|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 of his or her ward, as of the date of the guardian's qualification to be made by either the guardian and/or a suitable, disinterested person or persons appointed by the court. The appraisers shall be sworn to the faithful discharge of their trust.(b) In appraising the ward's interest in any assets held by the ward jointly or in some other form of concurrent ownership with another party, the appraiser shall include on the inventory an explanation for the basis for appraising the inventory, as either all, none, or a portion of the value of the assets.History of Section.C.P.A. 1905, § 1059; G.L. 1909, ch. 321, § 19; P.L. 1915, ch. 1260, § 7; G.L. 1923, ch. 372, § 18; G.L. 1938, ch. 426, § 18; G.L. 1956, § 33-15-19; P.L. 1996, ch. 110, § 9; P.L. 2000, ch. 427, § 1; P.L. 2007, ch. 417, § 1.