§ 33-16-23. Purchase of real estate.
(a) The court may authorize the purchase of the entire fee simple title or the entire equity of redemption to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or as a home for his or her dependent family. The purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the veterans administration and notice of a hearing on the purchase of real estate shall be given the office as provided in the case of a hearing on a guardian’s account.
(b) Before authorizing this investment, the court shall require written evidence of value, title and the advisability of acquiring the real estate. Title shall be taken in the ward’s name. This section does not limit the right of the guardian on behalf of his or her ward to bid and to become the purchaser of real estate at a sale thereof pursuant to a decree of foreclosure of lien held by or for the ward, or at a trustee’s sale, to protect the ward’s right in the property so foreclosed or sold; nor does it limit the right of the guardian, if necessary to protect the ward’s interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interests held by them, or to bid and purchase the real estate at a sale under a partition decree, or to compromise adverse claims of title to the ward’s realty.
History of Section.P.L. 1946, ch. 1711, § 15; G.L. 1956, § 33-16-23; P.L. 1959, ch. 88, § 1.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-16 - Veterans’ Guardianships
Section 33-16-1. - Short title.
Section 33-16-2. - Definitions.
Section 33-16-3. - Administrator as party to guardianship proceedings — Notice.
Section 33-16-4. - Appointments governed by chapter.
Section 33-16-5. - Maximum number of wards.
Section 33-16-6. - Filing of petition for appointment of guardian.
Section 33-16-7. - Contents of petition for appointment.
Section 33-16-8. - Additional facts shown by petition — Selection of guardian.
Section 33-16-9. - Rating of mental incompetence shown in petition.
Section 33-16-10. - Showing of minority as evidence of necessity for guardian.
Section 33-16-11. - Certificate of mental incompetence as evidence of necessity for guardian.
Section 33-16-12. - Notice of petition for guardianship.
Section 33-16-13. - Filing of bond.
Section 33-16-14. - Sureties on bond.
Section 33-16-15. - Filing of annual account.
Section 33-16-16. - Exhibition of securities and investments — Filing of certificates.
Section 33-16-17. - Notice of proceedings to veterans administration and others.
Section 33-16-18. - Accounting for property other than from veterans administration.
Section 33-16-19. - Grounds for removal of guardian.
Section 33-16-20. - Compensation of guardians.
Section 33-16-21. - Investments.
Section 33-16-22. - Support of persons other than ward, spouse, and children.
Section 33-16-23. - Purchase of real estate.
Section 33-16-24. - Certified copies of public records.
Section 33-16-25. - Termination of guardianship.
Section 33-16-26. - Commitment to federal agency for medical treatment.
Section 33-16-28. - Effect of commitments by foreign courts.
Section 33-16-29. - Transfer of persons with mental illness to federal agencies.
Section 33-16-30. - Transfer to federal agency having effect of original commitment.
Section 33-16-31. - Commitment of insane person to federal agency.
Section 33-16-32. - Applicability of general laws of guardian and ward.
Section 33-16-33. - Applicability of chapter to guardians appointed under other law.