reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › 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 out of the surplus property remaining in the hands of the limited guardian or guardian after paying claims filed within the time and all expenses and all allowances made by the court.
History of Section.
C.P.A. 1905, § 1060; G.L. 1909, ch. 321, § 20; G.L. 1923, ch. 372, § 19; G.L. 1938, ch. 426, § 19; G.L. 1956, § 33-15-20; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › 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, § 20; G.L. 1956, § 33-15-21.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › 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 persons.
History of Section.
C.P.A. 1905, § 1062; G.L. 1909, ch. 321, § 22; G.L. 1923, ch. 372, § 21; G.L. 1938, ch. 426, § 21; G.L. 1956, § 33-15-22; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › 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 personally or by registered or certified mail, to claimants whose claims are disallowed.
History of Section.
C.P.A. 1905, § 1063; G.L. 1909, ch. 321, § 23; G.L. 1923, ch. 372, § 22; G.L. 1938, ch. 426, § 22; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 33-15-23; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › 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 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 or recover. The party bringing suit, in addition to the service of the original writ, shall cause a true copy thereof to be served upon the limited guardian or guardian.
History of Section.
C.P.A. 1905, § 1064; G.L. 1909, ch. 321, § 24; G.L. 1923, ch. 372, § 23; G.L. 1938, ch. 426, § 23; G.L. 1956, § 33-15-24; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-25. - Action on limited guardian’s or guardian’s bond.

§ 33-15-25. Action on limited guardian’s or guardian’s bond.
If a limited guardian or 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 to 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.
C.P.A. 1905, § 1065; G.L. 1909, ch. 321, § 25; G.L. 1923, ch. 372, § 24; G.L. 1938, ch. 426, § 24; G.L. 1956, § 33-15-25; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-26. - Annual account.

§ 33-15-26. Annual account.
(a)
A limited guardian or guardian with authority to make decisions regarding the ward’s estate, 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. The probate court shall monitor each limited guardianship or guardianship file. If the court finds that an annual accounting has not been filed, the court shall cite the limited guardian or guardian and demand that an accounting be filed within thirty (30) days. If the limited guardian or guardian fails to comply with the citation for thirty (30) days, without sufficient excuse, the limited guardian or guardian shall be accountable for the full value of the estate and property of his or her ward over which he or she had authority, and shall have no compensation; but the court may, upon the application of the limited guardian or 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.
(b)
Notwithstanding any provision of the general laws to the contrary, no municipality, its officers, and/or employees, individually or otherwise, shall be held civilly liable for failure to monitor guardianship estates.
History of Section.
C.P.A. 1905, § 1066; G.L. 1909, ch. 321, § 26; G.L. 1923, ch. 372, § 25; G.L. 1938, ch. 426, § 25; G.L. 1956, § 33-15-26; P.L. 1992, ch. 493, § 3; P.L. 1995, ch. 274, § 1; P.L. 2011, ch. 363, § 8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-26.1. - Annual status report.

§ 33-15-26.1. Annual status report.
(a)
A limited guardian or guardian with authority to make decisions regarding the ward’s person shall return to the probate court, in every year, the annual status report, in the form as shown in § 33-15-47, regarding the status of the ward. The report shall include the following information:
(1)
The residence of the ward;
(2)
The condition of the ward;
(3)
Any changes the limited guardian or guardian perceives in the decision making capacity of the ward; and
(4)
A summary of actions taken and decisions made on behalf of the ward by the limited guardian or guardian.
(b)
The probate court shall monitor each limited guardianship or guardianship file. If the court finds that the required annual status report has not been filed, the court shall cite the limited guardian or guardian and demand that the status report be filed within thirty (30) days.
(c)
The probate court may waive the requirement of an annual status report, if, for good cause shown, such waiver is warranted.
History of Section.
P.L. 1992, ch. 493, § 4; P.L. 1994, ch. 359, § 1; P.L. 2012, ch. 331, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-27. - Allowances to limited guardian or guardians.

§ 33-15-27. Allowances to limited guardian or guardians.
Probate courts are authorized to allow in the settlement of the accounts of any limited guardian or guardian such reasonable sums as the limited guardian or guardian shall have paid for the suitable support of his or her ward and the ward’s family, and also a reasonable compensation to the limited guardian or guardian for his or her services. It is permissible for a limited guardian or guardian to decline compensation, and shall not be grounds for removal of the limited guardian or guardian.
History of Section.
C.P.A. 1905, § 1067; G.L. 1909, ch. 321, § 27; G.L. 1923, ch. 372, § 26; G.L. 1938, ch. 426, § 26; G.L. 1956, § 33-15-27; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-28. - Repealed.

§ 33-15-28. Repealed.
History of Section.
C.P.A. 1905, § 1068; G.L. 1909, ch. 321, § 28; G.L. 1923, ch. 372, § 27; G.L. 1938, ch. 426, § 27; G.L. 1956, § 33-15-28; Repealed by P.L. 1992, ch. 493, § 1, effective July 21, 1992.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-29. - General duties of limited guardians or guardians with respect to person and estate.

§ 33-15-29. General duties of limited guardians or guardians with respect to person and estate.
Every limited guardian or guardian with authority to make decisions with respect to the person of his or her ward shall exercise authority in the best interest of his or her ward. Every limited guardian or guardian with authority to make decisions with respect to the estate of his or her ward shall manage the estate frugally, without waste, and shall apply the income and profits from the estate, or so much thereof as may be necessary and proper, to the support and maintenance of the ward and his or her household and family.
History of Section.
C.P.A. 1905, § 1069; G.L. 1909, ch. 321, § 29; G.L. 1923, ch. 372, § 28; G.L. 1938, ch. 426, § 28; G.L. 1956, § 33-15-29; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-30. - Repealed.

§ 33-15-30. Repealed.
History of Section.
C.P.A. 1905, §§ 1053, 1054; G.L. 1909, ch. 321, §§ 13, 14; G.L. 1923, ch. 372, §§ 13, 14; G.L. 1938, ch. 426, §§ 13, 14; G.L. 1956, § 33-15-30; Repealed by P.L. 1985, ch. 156, § 2, effective July 1, 1985.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-31. - Application of personal property to debts — Priority of claims.

§ 33-15-31. Application of personal property to debts — Priority of claims.
A limited guardian or guardian with authority to make decisions regarding the ward’s personal property shall collect all the personal property of his or her ward over which he or she has authority and sell and apply the personal property or so much as shall be necessary, at the time and in the manner as the probate court shall direct, to the payment of all the debts of his or her ward; but if the personal 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 city or town taxes shall be paid first and in the order in which they are named.
History of Section.
P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-32. - Sale or mortgage of real estate.

§ 33-15-32. Sale or mortgage of real estate.
If the personal property in the hands of a limited guardian or guardian is insufficient to pay the debts of his or her ward, including incumbrances on the ward’s estate, and the expense of supporting the ward and his or her family, and if the limited guardian or guardian has authority to make decisions regarding the ward’s real property, the limited guardian or guardian may be authorized by the probate court to sell, or to mortgage for an amount decreed, the real property of his or her ward or any interest therein for the purpose of paying debts. A limited guardian or guardian may also be authorized to sell the real estate of his or her ward or any interest in real estate for the purpose of making a better investment or for any other proper purpose.
History of Section.
C.P.A. 1905, § 736; G.L. 1909, ch. 308, § 3; G.L. 1923, ch. 359, § 3; G.L. 1938, ch. 570, § 3; G.L. 1956, § 33-15-32; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-33. - Sale of personal property.

§ 33-15-33. Sale of personal property.
A limited guardian or guardian with authority to make decisions regarding the ward’s personal property may make application for the sale of the personal property of his or her ward, or any of it, for better or more advantageous investment, or for the support of the 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 probate court shall prescribe the manner in which the property shall be advertised and sold, and, in case of private sale, the minimum price. From the order granting the application, there shall be no appeal.
History of Section.
C.P.A. 1905, § 1071; G.L. 1909, ch. 321, § 31; G.L. 1923, ch. 372, § 30; G.L. 1938, ch. 426, § 30; G.L. 1956, § 33-15-33; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-34. - Repealed.

§ 33-15-34. Repealed.
History of Section.
C.P.A. 1905, § 1072; G.L. 1909, ch. 321, § 32; G.L. 1923, ch. 372, § 31; G.L. 1938, ch. 426, § 31; G.L. 1956, § 33-15-34; Repealed by P.L. 1992, ch. 493, § 1, effective July 21, 1992.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-35. - Investment of surplus funds — Relief from bond requirements.

§ 33-15-35. Investment of surplus funds — Relief from bond requirements.
Limited guardians or 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 unincumbered, 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. Limited guardians or guardians may also, under the direction of the probate court, invest any money in real estate or bank stocks in this state or in any other safe income producing securities as the probate court may approve; and if a limited guardian or guardian has so deposited any money in any savings bank or trust company or invested money in stock of any association and deposited with the clerk of the probate court the savings bankbook, share certificate or other evidence of deposit or investment, to be held subject to the order of the court, the probate court in its discretion may relieve the limited guardian or guardian of the requirement of surety on his or her bond if the deposit or investment is not in excess of ten thousand dollars ($10,000) and constitutes all of the property of his or her ward, or if there be other property, reduce the amount of his or her bond by the amount of the deposit or investment, but by not in excess of ten thousand dollars ($10,000).
History of Section.
C.P.A. 1905, § 1073; G.L. 1909, ch. 321, § 33; G.L. 1923, ch. 372, § 32; G.L. 1938, ch. 426, § 32; P.L. 1955, ch. 3495, § 1; G.L. 1956, § 33-15-35; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-36. - Powers of limited guardian or guardian with respect to corporate stock.

§ 33-15-36. Powers of limited guardian or guardian with respect to corporate stock.
Whenever the ward is the owner of stock in any corporation, and the limited guardianship or guardianship order so authorizes, the limited guardian or guardian shall have and exercise on behalf of his or her ward all the rights and powers of voting, either personally or by proxy, the right of examination of books, and all other rights incident to ownership.
History of Section.
C.P.A. 1905, § 1074; G.L. 1909, ch. 321, § 34; G.L. 1923, ch. 372, § 33; G.L. 1938, ch. 426, § 33; G.L. 1956, § 33-15-36; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-37. - Support of dependents for whom ward has no legal obligation to provide.

§ 33-15-37. Support of dependents for whom ward has no legal obligation to provide.
Whenever a limited guardian or guardian or a conservator of the estate of any person is appointed by any court in this state and the person has, prior to the appointment of the limited guardian or guardian or conservator, provided for any other person out of his or her estate, whom the ward was not under legal obligations to support or provide for, and where it appears that the ward would have continued support or provision if the limited guardian or guardian or conservator had not been appointed, the superior or probate court, upon complaint filed by the person who received the support or provision or by the limited guardian or guardian or conservator, may authorize the limited guardian or guardian or conservator to continue to make allowances out of the estate of the ward, as the court in its sound discretion deems the ward would have made if a limited guardian or guardian or conservator had not been appointed. Provided, however, that the court shall not exercise this power in cases where the ward has prior to the appointment of a limited guardian or guardian or conservator expressly declared or requested that these powers shall not be exercised by the court. In granting the authority, the court may impose conditions or restrictions and, give such directions as it may deem advisable.
History of Section.
G.L., ch. 372, § 44, as enacted by P.L. 1923, ch. 475, § 1; G.L. 1938, ch. 426, § 38; G.L. 1956, § 33-15-37; P.L. 1992, ch. 493, § 3; P.L. 1996, ch. 110, § 9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-38. - Powers unimpaired by §§ 33-15-37 and 33-15-37.1.

§ 33-15-38. Powers unimpaired by §§ 33-15-37 and 33-15-37.1.
Nothing contained in §§ 33-15-37 or 33-15-37.1 shall be held to limit or restrict any powers which a limited guardian, guardian, or conservator may have apart from the provisions of those sections.
History of Section.
G.L., ch. 372, § 45, as enacted by P.L. 1923, ch. 475, § 1; G.L. 1938, ch. 426, § 39; G.L. 1956, § 33-15-38; P.L. 1982, ch. 306, § 2; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-39. - Representation of incompetents and contingent interests in proceedings under § 33-15-37 or 33-15-37.1.

§ 33-15-39. Representation of incompetents and contingent interests in proceedings under § 33-15-37 or 33-15-37.1.
Whenever in any proceeding under § 33-15-37 or 33-15-37.1 there are contingent interests of persons not in being, or not ascertainable, or interests of persons non sui juris, the court may appoint a person to represent those contingent interests, or a guardian ad litem to represent the interests of persons non sui juris, and in case of representation under this section the judgment, order, or decree entered in the proceeding shall bind all the interests.
History of Section.
G.L., ch. 372, § 46, as enacted by P.L. 1923, ch. 475, § 1; G.L. 1938, ch. 426, § 40; G.L. 1956, § 33-15-39; P.L. 1982, ch. 306, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-40. - Appeal to supreme court from proceedings under §§ 33-15-37 and 33-15-37.1.

§ 33-15-40. Appeal to supreme court from proceedings under §§ 33-15-37 and 33-15-37.1.
An appeal may be taken to the supreme court from any final order, judgment, or decree of the superior court entered in any proceeding brought under the provisions of § 33-15-37 or 33-15-37.1 at any time within twenty (20) days from the entry of the order, judgment, or decree, and not thereafter.
History of Section.
G.L., ch. 372, § 47, as enacted by P.L. 1923, ch. 475, § 1; G.L. 1938, ch. 426, § 41; P.L. 1939, ch. 659, § 2; G.L. 1956, § 33-15-40; P.L. 1982, ch. 306, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-41. - Applicability of §§ 33-15-37 — 33-15-40.

§ 33-15-41. Applicability of §§ 33-15-37 — 33-15-40.
The provisions of §§ 33-15-37 — 33-15-40 shall apply to any estate where a limited guardian, a guardian, or a conservator has been appointed whether prior to June 13th, 1923, or thereafter.
History of Section.
P.L. 1923, ch. 475, § 2; G.L. 1938, ch. 426, § 42; G.L. 1956, § 33-15-41; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-42. - Removal of property by nonresident guardian.

§ 33-15-42. Removal of property by nonresident guardian.
In all cases where a guardian and his or her ward are both nonresidents in this state and the ward is entitled to property of any description in this state, the guardian, on producing satisfactory proof to the probate court of the city or town where any property is situated, by certificates duly authenticated according to an act of congress in such 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 the ward.
History of Section.
C.P.A. 1905, § 1075; G.L. 1909, ch. 321, § 35; G.L. 1923, ch. 372, § 34; G.L. 1938, ch. 426, § 34; G.L. 1956, § 33-15-42; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-43. - Order to resident guardian to deliver property to nonresident guardian.

§ 33-15-43. 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 provided in 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.
C.P.A. 1905, § 1076; G.L. 1909, ch. 321, § 36; G.L. 1923, ch. 372, § 35; G.L. 1938, ch. 426, § 35; G.L. 1956, § 33-15-43; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-44. - Conservator for incompetent person — Disability to contract.

§ 33-15-44. Conservator for incompetent person — Disability to contract.
If a person, by reason of disability or upon his or her own election, is unable to properly care for his or her property, the probate court of the town in which he or she resides, upon his or her petition, or the petition of one or more of his or her relatives or friends, may appoint a conservator of his or her property. Upon the filing of the petition, the court shall appoint a time and place for a hearing, and shall cause at least fourteen (14) days’ notice of the hearing to be given to the person for whom a conservator is to be appointed if he or she is not the petitioner. If, at the hearing, it appears that the person is incapable of properly caring for his or her property, a conservator shall be appointed, who shall have the charge and management of the property of the person subject to the direction of the court. No person convicted of a felony offense involving a charge of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, burglary, breaking and entering, or any other offense involving fraud or theft shall be qualified for appointment as a conservator. The conservator may be discharged by the probate court upon the application of the ward, or otherwise, when it appears that the conservatorship is no longer necessary. After the filing of the petition, the person shall be under the same disability to contract as a person for whom an application for guardianship has been made is under by virtue of the provisions of § 33-15-13.
History of Section.
C.P.A. 1905, § 1077; G.L. 1909, ch. 321, § 37; G.L. 1923, ch. 372, § 36; G.L. 1938, ch. 426, § 36; G.L. 1956, § 33-15-44; P.L. 1985, ch. 156, § 1; P.L. 1987, ch. 122, § 1; P.L. 1988, ch. 380, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-45. - Conservator’s bond and inventory — Management and accounting.

§ 33-15-45. Conservator’s bond and inventory — Management and accounting.
A conservator shall give bond and file inventory as is required of guardians of estates. All provisions of law relating to accounting and to the management, investment, sale, lease, or mortgage by guardians of estates shall apply to the accounting and to the management, investment, sale, lease, or mortgage of estates by conservators.
History of Section.
C.P.A. 1905, § 1078; G.L. 1909, ch. 321, § 38; G.L. 1923, ch. 372, § 37; G.L. 1938, ch. 426, § 37; G.L. 1956, § 33-15-45.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-46. - Repealed.

§ 33-15-46. Repealed.
History of Section.
P.L. 1987, ch. 126, § 1; Repealed by P.L. 1992, ch. 493, § 1, effective July 21, 1992.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-1. - Parents as joint natural guardians — Releases.

§ 33-15.1-1. Parents as joint natural guardians — Releases.
(a)
The father and mother shall be the joint natural guardians of their minor children and shall be equally charged with their care, nurture, welfare and education; and they may be sued either jointly or separately for the support of their minor children. To the extent that any such minor child has property or an estate of his or her own, or that there is income or principal of any trust for his or her benefit, which may be used to provide the child with an education in a college, university or private school, the natural guardians shall not be obligated either jointly or separately to provide an education. The foregoing sentence shall not be deemed to create by implication any obligation to provide an education where none would otherwise exist. The natural guardians shall have equal powers and rights and neither shall have any right paramount to the right of the other concerning the custody of the minor children, and both shall be entitled to their services, and to their earnings, the payment of which to either parent shall be a valid and sufficient discharge to the employer of the children until after notice in writing has been given to him or her by both or either of the parents of their intention to both claim the earnings. Provided, however, this section and § 33-15.1-3 shall not affect the right of a probate court duly to appoint a legal guardian of the person and estate, or of the person or estate of any minor children, or the right of any court in the state, in any suit or proceedings duly brought or heard in the court, to make any order, decree, decision or judgment regarding the care, custody, education, estate or otherwise of any minor children, in which event the appointment of the probate court and the order, decree, decision or judgment of any other court shall supersede the natural guardianship insofar as the same shall be inconsistent with the appointment, order, decree, decision or judgment.
(b)
A release given by both parents or by a parent or guardian who has the legal custody of a minor child or by a guardian or adult spouse of a minor spouse shall, where the amount of the release does not exceed ten thousand dollars ($10,000) in value, be valid and binding upon the minor.
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 33-15.1-2. - Guardianship for education — Educational advocates for children with disabilities under the care and custody of the state.

§ 33-15.1-2. Guardianship for education — Educational advocates for children with disabilities under the care and custody of the state.
Whenever the family court places a child in the care and custody of the state, it shall enter an order indicating whether the parents or guardian are to be allowed to continue to make educational decisions on behalf of the child. At the same time, the family court shall make a factual determination pursuant to § 16-64-1 as to the residence of the child’s parent(s) or guardian on the date that the child is placed in the care and custody of the state, subject to § 16-64-6. Thereafter, while the child is in the care of the state, the director of DCYF shall have the duty to update the child’s parent’s residence in accordance with § 42-72.4-1. If the family court enters an order vesting the right to control a child’s education with a state agency, and if the court or the state agency finds that the child is in need of special education, or that the child is suspected of being in need of special education, the court or state agency shall request the commissioner of elementary and secondary education to appoint an educational advocate to exercise the child’s due process rights under applicable state and federal special education laws and regulations. The commissioner of elementary and secondary education shall also have the power to appoint an educational advocate when a child’s parents or guardian cannot be identified or when the whereabouts of a parent cannot be determined. If a parent is identified or the whereabouts of the parent become known, then the commissioner shall terminate the appointment of the educational advocate. An educational advocate, acting in good faith, shall be immune from any liability resulting from the performance of his or her duties as an educational advocate.
History of Section.
P.L. 1992, ch. 493, § 5; P.L. 1995, ch. 231, § 1; P.L. 1998, ch. 68, § 4; P.L. 1999, ch. 83, § 77; P.L. 1999, ch. 130, § 77.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-3. - No preference between parents.

§ 33-15.1-3. No preference between parents.
In any proceedings or suit in any court, neither parent shall have any natural priority or preference in any matter relating to their minor children.
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 33-15.1-4. - Power of probate court to appoint guardians.

§ 33-15.1-4. Power of probate court to appoint guardians.
The probate court in each city or town, if occasion shall require, shall have power to appoint or approve guardians of the persons and estates, or of the person or estate of minors who shall reside, or have a legal settlement in the city or town, and of the estate within the city or town.
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 33-15.1-4.1. - Repealed.

§ 33-15.1-4.1. Repealed.
History of Section.
P.L. 2005, ch. 326, § 1; Repealed by P.L. 2008, ch. 299, § 1, effective July 5, 2008; P.L. 2008, ch. 419, § 1, effective July 8, 2008.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15.1 - Guardianship of Minors › Section 33-15.1-5. - Appointment of guardians for minors.

§ 33-15.1-5. Appointment of guardians for minors.
A probate court may appoint a guardian of a minor under the age of fourteen (14) years. A minor of the age of fourteen (14) years or over may nominate his or her own guardian, who, if approved by the probate court, shall be appointed accordingly.
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 33-15.1-6. - Appointment in lieu of guardian nominated by minor.

§ 33-15.1-6. Appointment in lieu of guardian nominated by minor.
If a minor of the age of fourteen (14) years shall neglect to choose a guardian when cited by the court to do so, or shall choose one whom the court does not approve, or one who shall neglect to give bond as required by the court or by law, the court may appoint a guardian in the same manner as if the minor were under the age of fourteen (14) years.
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 33-15.1-7. - Testamentary appointment of guardian for minor children.

§ 33-15.1-7. Testamentary appointment of guardian for minor children.
Every person authorized by law to make a will may appoint by will, subject to the approval of the probate court, a guardian or guardians for his or her minor children, whether born at the time of making the will or afterwards, to continue during the minority of the children or for a less time; provided, that, in the case of husband and wife, the survivor, being otherwise qualified, shall be guardian of their children.
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 33-15.1-8. - Nonresident as guardian of minor.

§ 33-15.1-8. Nonresident as guardian of minor.
A nonresident shall not be appointed or approved as guardian of a minor resident in this state, but this provision shall not apply to a testamentary 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 33-15.1-9. - Guardian of estate of nonresident.

§ 33-15.1-9. Guardian of estate of nonresident.
The probate court of any town may appoint or approve a guardian of the estate of a person who resides outside this state and has an estate in the town and has no guardian in this state and who, if a resident, would be liable to be put under guardianship under the provisions of this chapter.
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 33-15.1-10. - Notice on ward for appointment of guardian of person.

§ 33-15.1-10. Notice on ward for appointment of guardian of person.
No person shall be appointed guardian of the person of another, unless notice of the application for the appointment has been served upon the intended ward in person at least fourteen (14) days prior to any action on the application. Provided, if the intended ward is a minor under the age of twelve (12) years, in lieu of personal service, notice may be served upon any of the next of kin of the ward, or other interested person or friend, as the court may direct.
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 33-15.1-11. - Notice to spouse, children or heirs at law of ward.

§ 33-15.1-11. Notice to spouse, children or heirs at law of ward.
(a)
No petition for guardianship of a minor shall be heard and no person shall be appointed guardian of the person or estate of another unless notice of the application for appointment together with notice of the date, time and place set for hearing has been given to the prospective ward’s spouse, children, and/or heirs at law who would inherit the prospective ward’s estate pursuant to the terms of § 33-1-1.
(b)
Notice shall be given by the petitioner or his or her attorney at least ten (10) days before the date set for hearing on the petition by regular mail, postage prepaid, addressed to the prospective ward’s spouse and children at their last known addresses, or, if there be no children, then to the prospective ward’s heirs at law next in line (under the rules of descent) as set forth in § 33-1-1 only at their last known address. The petitioner or his or her attorney shall at or prior to the hearing, file or leave to be filed an affidavit that notice was given setting forth the names and post office addresses of the persons to whom the notice was sent and the date of mailing thereof, together with a copy of the notice.
(c)
Should the petitioner have no knowledge of the existence or whereabouts of any children or of any heir at law, an affidavit to that effect filed with the court shall satisfy this notice requirement.
(d)
Notwithstanding any notice requirement of the petitioner, the court shall give notice of the petition by advertisement.
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 33-15.1-12. - Expense of prosecuting or defending against petition.

§ 33-15.1-12. Expense of prosecuting or defending against petition.
If a guardian is appointed for any person liable to be put under guardianship under the provisions of this chapter, the court shall make an allowance to be paid by the guardian, for all reasonable expenses incurred in prosecuting or in defending against the petition.
History of Section.
P.L. 1992, ch. 493, § 5.