§ 33-22-17. Representation of unborn, unascertained, and incompetent persons.
When before or at the hearing on any proceeding in a probate court it appears to the court that the interest of a person unborn, unascertained, or legally incompetent to act in his or her own behalf, is not fully represented, the court may appoint some competent and disinterested person to act as guardian ad litem, or next friend, for the person unborn, unascertained, or legally incompetent, and to represent his or her interest in the case. The person so appointed shall make oath to perform his or her duty faithfully and impartially, and shall be entitled to such reasonable compensation, out of the estate, for his or her services, as the court may allow. In any action involving wills, estates, trusts or fiduciaries in the probate court, a minor, an incapacitated person or an unborn or unascertained person whose identity and location is unknown and not reasonably ascertainable, unless otherwise represented, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent that: (1) the person’s interest is adequately represented; and (2) there is no conflict of interest between the representative and the person represented.
History of Section.C.P.A. 1905, § 779; G.L. 1909, ch. 309, § 16; G.L. 1923, ch. 360, § 16; G.L. 1938, ch. 571, § 18; G.L. 1956, § 33-22-17; P.L. 2004, ch. 573, § 2.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-22 - Practice in Probate Courts
Section 33-22-2. - Contents of petition for probate or administration.
Section 33-22-3. - Notice given by petitioner on filing of petition and hearing.
Section 33-22-5. - Waiver of notice.
Section 33-22-6. - Additional notice given — Failure to comply.
Section 33-22-7. - Proceedings in which notice given by court.
Section 33-22-9. - Notice of account containing credit for sale or mortgage of real estate.
Section 33-22-10. - Notice in discretion of court.
Section 33-22-11. - Notice by advertisement.
Section 33-22-12. - Notice by service or mail.
Section 33-22-13. - Advertisement in foreign language newspaper or other notice.
Section 33-22-14. - Findings of court as to notice.
Section 33-22-15. - Dispensation with notice by assent of parties.
Section 33-22-16. - Probate forms.
Section 33-22-17. - Representation of unborn, unascertained, and incompetent persons.
Section 33-22-18. - Administration of oaths.
Section 33-22-19.1. - Record of probate court proceedings.
Section 33-22-19.2. - Hearings in probate courts — Evidence and discovery.
Section 33-22-20. - Deposit of money paid into registry.
Section 33-22-21. - Fees enumerated — Hearing date to be noted on receipt.
Section 33-22-22. - Fees excused on veterans’ guardianships.
Section 33-22-25. - Payment of fees into local treasury — Power to provide for fixed salaries.
Section 33-22-27. - Execution for cost and fees.
Section 33-22-28. - Name change.
Section 33-22-29. - Local rules of probate court.
Section 33-22-30. - Probate court docket and special sessions.