reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 director or agent certifies that the petition is filed for the purpose of enabling the ward, who is without funds, to receive assistance from funds which are financed in whole or in part by federal grants, the director or the director’s agent, as petitioner, shall not be required to pay court fees or to give surety on his or her bond.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 the person or estate of the respondent.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 management of the estate of his or her ward, as the case may be, 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 condition, as is required of guardians.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 be made by a suitable, disinterested person or persons appointed by the court, which shall fix the number of appraisers at one or three (3) in its discretion. The appraisers shall be sworn to the faithful discharge of their trust.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 out of the surplus property remaining in the hands of the guardian after paying claims filed within such time and all expenses and all allowances made by the court.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 persons.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-21. - Application of personal property to debts — Priority of claims.

§ 33-15.1-21. Application of personal property to debts — Priority of claims.
A guardian shall collect all the personal property of his or her ward and sell and apply the personal property or so much as shall be necessary, at the time and in the manner as the court of probate shall direct, to the payment of all the debts of his or her ward; but if the property shall be insufficient to pay the debts in full, then he or she shall pay the debts ratably; except that debts due to the United States, debts due to this state, and state and town taxes shall be paid first and in the order in which they are named. Every claim against the ward, allowed by the guardian or found due by judgment, shall be a lien upon the real estate of the ward during his or her minority and for one year thereafter.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-22. - Application of property to debts contracted during minority.

§ 33-15.1-22. Application of property to debts contracted during minority.
Whenever a guardian of the estate only is appointed, the property of the minor in the hands of the guardian shall not be chargeable with any debt against the minor contracted during the life of his or her father; but in case any part of the property of the minor is deemed necessary for his or her support or education, the property shall be paid out by the guardian for that purpose, under the advice and direction of the probate court.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 the probate court to sell, or to mortgage for an amount decreed, the real estate of his or her ward or any interest therein for the purpose of paying debts. A guardian may also be authorized to sell the real estate of his or her ward or any interest in the real estate for the purpose of making a better investment or for any other proper purpose.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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, and for incidental charges. The application may be granted by the court of probate without notice. The court shall prescribe the manner in which the property shall be advertised and sold, and, in case of a private sale, the minimum price. From the order granting the application, there shall be no appeal.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 registered or certified mail, to claimants whose claims are disallowed.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › 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 claim if the estate is solvent, or a dividend if the estate should prove insolvent, upon any sum as he or she may be allowed to recover. The party bringing suit, in addition to the service of the original writ, shall cause a true copy of the notice to be served upon the guardian.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-27. - Investment of surplus funds — Relief from bond requirements.

§ 33-15.1-27. Investment of surplus funds — Relief from bond requirements.
Guardians may be authorized to invest any money in their hands, not needed for the payment of debts, or for the support or education of their wards, in notes secured by mortgage upon unencumbered, improved real estate situated in this state, or in the bonds or other indebtedness of the United States, or of this state, or in the bonds or notes of any city or town in this state, or in the stock of any domestic building and loan association or federal savings and loan association doing business in this state approved by the probate court, or to make deposits of money in any savings bank or trust company in this state approved by the probate court, as he or she shall deem best for the interest of his or her ward; and may also, under the direction of the probate court, invest any money in real estate or bank stocks in this state or in other safe income producing securities as the probate court may approve; and if a guardian has so deposited any money in any savings bank or trust company or invested the money in stock of any association and deposited with the clerk of the probate court the savings bankbook, share certificate or other evidence of the deposit or investment, to be held subject to the order of the court, the probate court in its discretion may relieve the guardian of the requirement of surety on his or her bond.
History of Section.
P.L. 1992, ch. 493, § 5; P.L. 2008, ch. 299, § 2; P.L. 2008, ch. 419, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-28. - General duties with respect to person and estate.

§ 33-15.1-28. General duties with respect to person and estate.
Every guardian of the person shall take suitable charge of the person over whom he or she shall be appointed guardian, and every guardian of the estate of another shall manage the same frugally and without waste, and shall apply the income and profits of the estate or so much as may be necessary and proper to the support and maintenance of the ward and his or her household or family.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-29. - Annual account.

§ 33-15.1-29. Annual account.
A guardian shall return to the probate court, in every year, his or her account, in the same manner as executors and administrators are by law required to do, and upon neglect shall be cited by the court so to do; and upon failure to comply with the citation for thirty (30) days, without sufficient excuse, shall be accountable for the full value of the estate and property of his or her ward, and shall have no compensation; but the court may, upon the application of the guardian, excuse him or her from rendering an account in any year if satisfied that it is not necessary or expedient that it should be rendered.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-30. - Responsibility of guardians for education of minors.

§ 33-15.1-30. Responsibility of guardians for education of minors.
Guardians of minors shall take special charge of their education, and guardians appointed under the provisions of § 33-15-8 shall take like charge of the education of the children of their wards, unless guardians shall be appointed for those children; and the estates of wards, and also the estates of minors, shall be liable for the education of the children and minors aforesaid in the same manner as for their support and maintenance, and the estates may be sold or mortgaged for that purpose.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-31. - Powers of guardian with respect to corporate stock.

§ 33-15.1-31. Powers of guardian with respect to corporate stock.
Whenever the ward is the owner of stock in any corporation, the guardian shall have and exercise in behalf of his or her ward all the rights and powers of voting, either personally or by proxy, and the right of examination of books, incident to ownership.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-32. - Support of dependents for whom ward has no legal obligation to provide.

§ 33-15.1-32. Support of dependents for whom ward has no legal obligation to provide.
Whenever a guardian or a conservator of any person or the estate of any person is appointed by any court in this state and that person has, prior to the appointment of the guardian or conservator, provided for any other person out of his or her estate, whom the person for whom a guardian or conservator has been appointed was not under legal obligations to support or provide for, and where it appears that the person for whom a guardian or conservator has been appointed would have continued the support or provision, if the guardian or conservator had not been appointed. The superior court, upon complaint filed by the person who received the support or provision, or by the guardian or conservator, may authorize the guardian or conservator to continue to make allowances out of the estate of the person for whom a guardian or conservator has been appointed, as the court in its sound discretion deems the person for whom a guardian or conservator has been appointed would have made if a guardian or conservator had not been appointed, provided, however, that the court shall not exercise the power in cases where the person for whom a guardian or conservator has been appointed has prior to the appointment of a guardian or conservator expressly declared or requested that these powers shall not be exercised by the court. In granting this authority, the court may impose conditions or restrictions and give directions as it may deem advisable.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-33. - Appeal to supreme court from proceedings under § 33-15.1-32.

§ 33-15.1-33. Appeal to supreme court from proceedings under § 33-15.1-32.
An appeal may be taken to the supreme court from any final order, judgment or decree of the superior court from any final order, judgment or decree of the superior court entered in any proceeding brought under the provisions of § 33-15.1-32 at any time within twenty (20) days from the entry of the order, judgment or decree, and not thereafter.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-34. - Applicability of §§ 33-15.1-32 and 33-15.1-33.

§ 33-15.1-34. Applicability of §§ 33-15.1-32 and 33-15.1-33.
The provisions of §§ 33-15.1-32 and 33-15.1-33 shall apply to any estate where a guardian or conservator has been appointed whether prior to June 13th, 1923, or thereafter.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-35. - Removal of property by nonresident guardian.

§ 33-15.1-35. Removal of property by nonresident guardian.
In all cases where a guardian and his or her ward are both nonresidents in this state and his or her ward is entitled to property of any description in this state, the guardian, on producing satisfactory proof to the probate court of the town where any property is situated, by certificates duly authenticated according to an act of congress in those cases, that he or she has given bond and security in the state in which he or she and his or her ward reside in double the value of the property of the ward, and it is found that a removal of the property will not prejudice the interest of any other person in the property, then the guardian may demand, sue for, recover, and remove any property to the place of residence of himself or herself or his or her ward.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-36. - Order to resident guardian to deliver property to nonresident guardian.

§ 33-15.1-36. Order to resident guardian to deliver property to nonresident guardian.
Whenever a nonresident guardian shall produce an exemplification, under the seal, if any there be, of the proper court in the state of his or her residence, containing all the entries in relation to his or her appointment and in relation to his or her having given bond, duly authenticated as required by this chapter, the probate court of the proper town in this state may cause suitable orders to be made, discharging any resident guardian, executor, or administrator and authorizing the delivering and passing over of the property, and also requiring receipts to be passed and filed if deemed advisable: provided, that in all cases thirty (30) days’ notice shall be given to the resident guardian, executor, or administrator of the intended application for the order of removal, and the court may reject the application and refuse the order whenever it is satisfied it is for the interest of the ward or of any other person having a right in the property that the removal shall not take place.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-37. - Removal of guardian — Resignation.

§ 33-15.1-37. Removal of guardian — Resignation.
The court may remove any guardian appointed or approved by it who, by any reason of absence, sickness, insanity or other cause, shall become incapable of executing his or her trust, or who shall neglect or refuse to do the duties thereof, or who shall waste the estate of his or her ward, or who shall neglect or refuse to give a bond or sureties on his or her bond when ordered by the court. The court shall accept the resignation of any guardian after he or she has accounted with the court for the estate of his or her ward in his or her hands.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-38. - Allowances to guardians.

§ 33-15.1-38. Allowances to guardians.
Probate courts are authorized to allow in the settlement of the accounts of any guardian any reasonable sums as the guardian shall have paid for the suitable support of his or her ward and family, and also a reasonable compensation to the guardian for his or her services.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-39. - Action on guardian’s bond.

§ 33-15.1-39. Action on guardian’s bond.
If a guardian shall neglect to return a true inventory of his or her ward’s estate or shall neglect to apply the real and personal estate of his or her ward to the payment of the ward’s debts, it shall be deemed a breach of his or her bond, and he or she and his or her sureties shall be liable for an action on the bond by any creditor or person interested, and judgment shall be entered in the action, execution shall issue, and recovery shall be had in like manner as on administration bonds.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-40. - Rights of parents or guardian to have children tested for substance abuse — Admissibility of results.

§ 33-15.1-40. Rights of parents or guardian to have children tested for substance abuse — Admissibility of results.
The parents or guardian of a minor child who resides with the parents or guardian shall have the authority to have the child tested for substance abuse, at the discretion of the parent or guardian. The results of any tests performed pursuant to this section shall not be admissible in any judicial proceeding, civil or criminal.
History of Section.
P.L. 1992, ch. 493, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-101. - Short title.

§ 33-15.2-101. Short title.
This chapter shall be known and may be cited as the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.”
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-103. - International application of chapter.

§ 33-15.2-103. International application of chapter.
A court of this state may treat a foreign country as if it were a state for the purposes of applying: §§ 33-15.2-101 through 302; and 33-15.2-501 through 504.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-104. - Communication between courts.

§ 33-15.2-104. Communication between courts.
(a)
A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow all the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred and the names of the participants.
(b)
Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-105. - Cooperation between courts.

§ 33-15.2-105. Cooperation between courts.
(a)
In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to:
(1)
Hold an evidentiary hearing;
(2)
Order a person in that state to produce or give evidence pursuant to procedures of that state;
(3)
Order that an evaluation or assessment be made of the respondent, or order any appropriate investigation of a person involved in a proceeding;
(4)
Forward to the court of this state a certified copy of the transcript or other record of a hearing under subsection (a)(1) of this section or any other proceeding, any evidence otherwise presented under subsection (a)(2) of this section, and any evaluation or assessment prepared in compliance with the request under subsection (a)(3) of this section;
(5)
Issue any other order necessary to assure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person; and
(6)
Issue an order after a hearing, if requested, authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as amended, to the extent permitted by law other than this chapter.
(b)
If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-106. - Taking testimony in another state.

§ 33-15.2-106. Taking testimony in another state.
(a)
In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of witnesses who are located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which, and the terms upon which, the testimony is to be taken.
(b)
In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-201. - Significant connection factors.

§ 33-15.2-201. Significant connection factors.
Determination of whether a respondent has a significant connection with a particular state shall include consideration of the following factors:
(1)
The location of the respondent’s family and others required to be notified of the guardianship or protective proceeding;
(2)
The length of time the respondent at any time was physically present in the state and the duration of any absences;
(3)
The location of the respondent’s property; and
(4)
The extent to which the respondent has other ties to the state, such as voting registration, filing of state or local tax returns, vehicle registration, driver’s license, social relationships, and receipt of services.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-202. - Exclusive basis.

§ 33-15.2-202. Exclusive basis.
Section 8-9-9 entitled “general probate jurisdiction,” chapter 15 of title 33 entitled “limited guardianship and guardianship of adults”, and this chapter provide the jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-203. - Initial jurisdiction.

§ 33-15.2-203. Initial jurisdiction.
In addition to the limited or special jurisdiction under § 33-15.2-204, a court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1)
This state is the respondent’s home state;
(2)
On the date the petition is filed, this state is a significant-connection state; and
(i)
The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(ii)
The respondent has a home state, a petition for the appointment of a guardian or protective order has not been filed in a court of that state or in another significant-connection state, and, before the court makes the appointment or issues the order:
(A)
A petition for appointment or order is not filed in the respondent’s home state;
(B)
An objection to the jurisdiction of the court in this state has not been filed; and
(C)
The court in this state concludes that it is an appropriate forum under the factors set forth in § 33-15.2-206; or
(3)
This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-204. - Special cases.

§ 33-15.2-204. Special cases.
(a)
A court of this state lacking jurisdiction under § 33-15.2-203 has special jurisdiction to do any of the following:
(1)
Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
(2)
Issue a protective order with respect to real or tangible personal property located in this state;
(3)
Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional or temporary order to transfer the proceeding from another state has been issued as provided under procedures similar to § 33-15.2-301.
(b)
If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court in such other state, if any, whether dismissal is requested before or after the emergency appointment.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-205. - Exclusive and continuing jurisdiction.

§ 33-15.2-205. Exclusive and continuing jurisdiction.
Except as otherwise provided in § 33-15.2-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-206. - Declining jurisdiction if another court is a more appropriate forum.

§ 33-15.2-206. Declining jurisdiction if another court is a more appropriate forum.
(a)
A court of this state having jurisdiction under § 33-15.2-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b)
If a court of this state declines jurisdiction over a guardianship or protective proceeding under subsection (a) of this section, it shall either dismiss the proceeding or stay the proceeding. The court may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.
(c)
In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1)
Any expressed preference of the respondent;
(2)
Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3)
The length of time the respondent was physically present in or was a legal resident of this or another state;
(4)
The distance of the respondent from the court in each state;
(5)
The financial circumstances of the respondent’s estate;
(6)
The nature and location of the evidence;
(7)
The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8)
The familiarity of the court of each state with the facts and issues in the proceeding; and
(9)
If an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-207. - Jurisdiction declined by reason of conduct.

§ 33-15.2-207. Jurisdiction declined by reason of conduct.
(a)
If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1)
Decline to exercise jurisdiction;
(2)
Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3)
Continue to exercise jurisdiction after considering:
(i)
The extent to which the respondent and all persons required to be notified of the proceedings has acquiesced in the exercise of the court’s jurisdiction;
(ii)
Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 33-15.2-206(c); and
(iii)
Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 33-15.2-203.
(b)
If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-208. - Notice of proceeding.

§ 33-15.2-208. Notice of proceeding.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the proceeding must be given by the petitioner to those persons who would be entitled to notice of the petition if the proceeding were brought in such other state, if any. The notice must be given in the manner as required by chapters 15 of title 33 and 22 of this title.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-209. - Proceedings in more than one state.

§ 33-15.2-209. Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or a protective order limited to property located in this state as provided in § 33-15.2-204(a)(1) or (a)(2), if a petition for the appointment of a guardian or protective order is filed in this and another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1)
If the court in this state has jurisdiction under § 33-15.2-203, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 33-15.2-203 before the appointment or issuance of the order.
(2)
If the court in this state does not have jurisdiction under § 33-15.2-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court of this state is a more appropriate forum.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-301. - Petition to transfer jurisdiction to another state.

§ 33-15.2-301. Petition to transfer jurisdiction to another state.
(a)
Following the appointment of a guardian or conservator, the guardian or conservator may petition the court to transfer the guardianship or conservatorship to another state.
(b)
Notice of the petition to transfer a guardianship or conservatorship under subsection (a) of this section must be given by the petitioner to those persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c)
The court shall hold a hearing on a petition filed pursuant to subsection (a).
(d)
The court shall issue a temporary order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court finds that:
(1)
The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2)
An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person;
(3)
The court is satisfied that plans for care and services for the incapacitated person in the other state are reasonable and sufficient; and
(4)
The court is satisfied that the guardianship will be accepted by the court to which the proceeding will be transferred.
(e)
The court shall issue a temporary order granting a petition to transfer a conservatorship and shall direct the conservator to file a petition for conservatorship in the other state if the court finds that:
(1)
The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors set forth in § 33-15.2-201;
(2)
An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person;
(3)
The court is satisfied that adequate arrangements will be made for management of the protected person’s property; and
(4)
The court is satisfied that the conservatorship will be accepted by the court to which the proceeding will be transferred.
(f)
The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1)
A provisional or temporary order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 33-15.2-302; and
(2)
The documents required to terminate a guardianship or conservatorship in this state.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-302. - Petition to accept proceeding transferred from another state.

§ 33-15.2-302. Petition to accept proceeding transferred from another state.
(a)
Upon issuance of a provisional or temporary order in another state to transfer a guardianship or conservatorship to this state under provisions similar to those in § 33-15.2-301, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship.
The petition must include a certified copy of the other state’s provisional or temporary order and relevant file documents.
(b)
Notice of a petition under subsection (a) to accept a guardianship or conservatorship from another state must be given by the petitioner to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the manner required by chapters 15 of title 33 and 22 of title 33.
(c)
The court shall hold a hearing on a petition filed pursuant to subsection (a) to accept a guardianship or conservatorship from another state.
(d)
If the court is satisfied with the documentation and evidence presented, the petition filed under subsection (a) shall be granted, unless an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person.
(e)
No later than ninety (90) days after issuance of a permanent order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(f)
In approving a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator, if the guardian or conservator is eligible to act in this state, and the determination of the need for a guardian or conservator conforms to the law of this state.
(g)
The denial of a petition filed under subsection (a) of this section to accept a guardianship or conservatorship from another state does not affect the ability of a guardian or conservator appointed by a court in another state to seek appointment as guardian of the incapacitated person or conservator of the protected person under chapter 15 of this title.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-401. - Registration of guardianship orders.

§ 33-15.2-401. Registration of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, a guardian appointed in another state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court of this state in any appropriate city or town of this state certified copies of the order and letters of office.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-402. - Registration of protective orders.

§ 33-15.2-402. Registration of protective orders.
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in another state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any city or town in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-403. - Effect of registration.

§ 33-15.2-403. Effect of registration.
(a)
Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(b)
A court of this state may grant any relief available under this chapter and other laws of this state to enforce a registered order.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 33-15.2-501. - Uniformity of application and construction.

§ 33-15.2-501. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.