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 - Repealed.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