§ 33-15-17.1. Notice.
(a) Except for the appointment of a temporary guardian, no petition for limited guardian or guardian shall be heard and no person shall be appointed limited guardian or guardian of an individual unless notice of the petition for appointment of a limited guardian or guardian and a copy of the petition itself shall be served upon the respondent in person at least fourteen (14) days prior to any hearing on the petition. If the hearing date is continued by the probate court for any reason after service on the respondent and no objection to the petition is filed by or on behalf of the respondent, no further service on the respondent shall be required. The probate court, in its discretion, may require further notice to the respondent in such manner as prescribed by the court.
In the case of a petition for the appointment of a temporary guardian, such fourteen (14) day notice period shall be reduced to five (5) days, unless a shorter period is ordered by the court.
(b) This notice shall be in plain language, large type and shall include the time and place of the hearing, the possible loss of liberty if the petition is granted, and shall inform the respondent of his or her rights including: the court appointment of a guardian ad litem, the right to a hearing and to be present at the hearing to confront witnesses, present evidence, contest the petition, object to the appointment of a particular individual as guardian, request that limits be placed on the guardian’s powers, and the right to counsel. Notice shall be served upon the respondent by a process server duly authorized and licensed under Rhode Island law, except for “Good Samaritan” guardianships under § 33-15-4.1 in which case notice may be served upon the respondent by the guardian ad litem appointed by the court (hereinafter referred to as “court officer”).
(c) The court officer that serves this notice shall be dressed in plain clothes. He or she shall have experience dealing with individuals who may lack decision making ability.
(d) The court officer shall present the written notice and shall also read the notice to the respondent.
(e) Except for a petition for the appointment of a temporary guardian, 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 (1) the respondent’s spouse and heirs at law (under the rules of descent) as set forth in § 33-1-1 only at their last known addresses; and (2) the administrator of any care and treatment facility where the respondent resides or receives primary services; and (3) any individual or entity known or reasonably known to the petitioner to be regularly providing protective services to the respondent. In the case of a petition for the appointment of a temporary guardian, such ten (10) day notice period is reduced to five (5) days, unless a shorter period is ordered by the court, with the petitioner required to use reasonable efforts in identifying and noticing those individuals described in the immediately preceding sentence within the limitations of investigation of identity of addresses of such individuals inherent in a temporary guardianship proceeding. 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, together with a copy of the notice.
(f) Should the petitioner have no knowledge of the existence or whereabouts of any of the persons required to be notified pursuant to subparagraph (e) above, an affidavit to that effect filed with the court shall satisfy this notice requirement.
(g) Notwithstanding any notice requirement of the petitioner, and except for a petition for appointment of a temporary guardian the court shall give notice of the petition by advertisement.
History of Section.P.L. 1982, ch. 283, § 1; P.L. 1983, ch. 206, § 1; P.L. 1987, ch. 89, § 1; P.L. 1992, ch. 493, § 3; P.L. 1994, ch. 359, § 1; P.L. 1996, ch. 110, § 9; P.L. 2008, ch. 299, § 3; P.L. 2008, ch. 419, § 3.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-15 - Limited Guardianship and Guardianship of Adults
Section 33-15-1. - Legislative intent.
Section 33-15-1.1. - Repealed.
Section 33-15-2. - Petition for appointment of a limited guardian or guardian.
Section 33-15-3. - Power of probate court to appoint limited guardians or guardians.
Section 33-15-4. - Limited guardianship.
Section 33-15-4.1. - Good Samaritan guardians.
Section 33-15-4.2. - Waiver of filing fees for good Samaritan guardianships.
Section 33-15-4.3. - No cash surety required.
Section 33-15-4.4. - Immunity of good Samaritan guardians.
Section 33-15-4.5. - Continuing duties of good Samaritan guardians.
Section 33-15-6. - Who may be appointed limited guardian or guardian.
Section 33-15-8. - Authority of limited guardian or guardian.
Section 33-15-8.1. - Temporary guardianship for specific purpose.
Section 33-15-10. - Appointment of temporary limited guardian or guardian.
Section 33-15-11. - Tenure of temporary limited guardian or guardian.
Section 33-15-12. - Powers of temporary limited guardian or guardian — Bond.
Section 33-15-13. - Recording of petition in land records — Disability to contract.
Section 33-15-14. - Expense of prosecuting or defending against petition.
Section 33-15-15. - Exemption of welfare agencies from costs and bond.
Section 33-15-16. - Guardian of estate of nonresident.
Section 33-15-18. - Removal of limited guardian or guardian or conservator — Resignation.
Section 33-15-19. - Inventory and appraisement of estate.
Section 33-15-20. - Statements of claims against estate.
Section 33-15-21. - Demands payable in future.
Section 33-15-22. - Addresses of creditors — Affidavit to support claim.
Section 33-15-23. - Notice of disallowance of claims.
Section 33-15-25. - Action on limited guardian’s or guardian’s bond.
Section 33-15-26. - Annual account.
Section 33-15-26.1. - Annual status report.
Section 33-15-27. - Allowances to limited guardian or guardians.
Section 33-15-31. - Application of personal property to debts — Priority of claims.
Section 33-15-32. - Sale or mortgage of real estate.
Section 33-15-33. - Sale of personal property.
Section 33-15-35. - Investment of surplus funds — Relief from bond requirements.
Section 33-15-36. - Powers of limited guardian or guardian with respect to corporate stock.
Section 33-15-37. - Support of dependents for whom ward has no legal obligation to provide.
Section 33-15-37.1. - Minimization of taxes — Estate planning.
Section 33-15-38. - Powers unimpaired by §§ 33-15-37 and 33-15-37.1.
Section 33-15-40. - Appeal to supreme court from proceedings under §§ 33-15-37 and 33-15-37.1.
Section 33-15-41. - Applicability of §§ 33-15-37 — 33-15-40.
Section 33-15-42. - Removal of property by nonresident guardian.
Section 33-15-43. - Order to resident guardian to deliver property to nonresident guardian.
Section 33-15-44. - Conservator for incompetent person — Disability to contract.
Section 33-15-45. - Conservator’s bond and inventory — Management and accounting.