Adult Guardianship / Conservatorship Petition Packet

RHODE ISLAND LIMITED GUARDIANSHIP / GUARDIANSHIP OF ADULTS PETITION PACKET

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Type of Guardianship Selected (§ 33-15-2, § 33-15-4)

☐ Limited guardianship — proposed ward needs assistance with decision-making in some areas only (PREFERRED; default unless total incapacity is found)
☐ Full (plenary) guardianship — proposed ward needs assistance with decision-making in all areas
☐ Guardianship of the person (residential, medical, personal decisions)
☐ Guardianship of the estate (financial decisions)
☐ Temporary guardianship (extraordinary/emergency circumstances)

0.2 Less Restrictive Alternatives Reviewed (REQUIRED — § 33-15-2(4), § 33-15-4(a))

☐ Durable power of attorney for finances reviewed and found insufficient
☐ Health care power of attorney / advance directive reviewed and found insufficient
☐ Representative payee (Social Security / VA) considered
☐ Supported decision-making arrangement considered
☐ Special needs / supplemental needs trust considered
☐ Conclusion: the needs of the proposed ward cannot be met by a less restrictive alternative because [________________________________]

0.3 Pre-Filing Diligence

☐ Decision-making assessment tool (§ 33-15-47) obtained and completed by primary care physician (or examining/treating physician if PCP unavailable)
☐ Additional decision-making assessment tools by non-physicians/consulting physicians obtained, if any
☐ Probate court of city/town of residence identified (§ 33-15-2)
☐ Guardian ad litem anticipated (§ 33-15-7)
☐ Steps taken to utilize less restrictive alternatives documented (§ 33-15-2(4))
☐ Qualifications of proposed guardian documented (§ 33-15-2(5))

PART 1 — PETITION FOR APPOINTMENT OF A LIMITED GUARDIAN OR GUARDIAN (§ 33-15-2)

PROBATE COURT OF THE [CITY/TOWN] OF [____________________________]
STATE OF RHODE ISLAND

1. PETITIONER

Petitioner is [FULL NAME OF PETITIONER], of [________________________________], whose relationship to the proposed ward is: ☐ Spouse ☐ Adult child ☐ Parent ☐ Sibling ☐ Other relative ☐ Friend ☐ Other [____________________________].

2. PROPOSED WARD (§ 33-15-2(1))

3. NATURE OF GUARDIANSHIP NEEDED (§ 33-15-2(2))

Based on the proposed ward's current level of functioning:

☐ (i) The proposed ward needs a limited guardian to provide assistance with decision-making in the following area(s): ☐ Residence ☐ Medical/health care ☐ Finances ☐ Personal/everyday decisions ☐ Other [____________]
☐ (ii) The proposed ward needs a full guardian to provide assistance with decision-making in all areas.

4. GUARDIANSHIP POWERS REQUESTED (§ 33-15-2(3))

[________________________________]
[________________________________]

5. LESS RESTRICTIVE ALTERNATIVES (§ 33-15-2(4))

The steps which have been taken to utilize less restrictive alternatives to guardianship, and why they are insufficient:

[________________________________]
[________________________________]

6. PROPOSED GUARDIAN — QUALIFICATIONS (§ 33-15-2(5))

7. DECISION-MAKING ASSESSMENT TOOL (§ 33-15-4(a)(2)–(3), § 33-15-47)

☐ A decision-making assessment tool in the form shown in § 33-15-47 is filed with this Petition.
☐ Completed by the proposed ward's primary care physician, OR ☐ if the primary care physician is unavailable or there is no PCP, by a physician who has examined and treated the proposed ward.
☐ Additional decision-making assessment tools by non-physicians or consulting physicians are attached, if any.
☐ (Temporary guardianship only) The Court is requested to excuse the filing in extraordinary/emergency circumstances upon other competent evidence.

8. INTERESTED PERSONS ENTITLED TO NOTICE (§ 33-15-5)

9. RELIEF REQUESTED

WHEREFORE, Petitioner requests that the Court:

1. Appoint a guardian ad litem for the respondent (§ 33-15-7);
2. After review of the decision-making assessment tool(s) and hearing, find that the needs of the proposed ward cannot be met by a less restrictive alternative;
3. Appoint [NAME] as ☐ limited guardian ☐ full guardian of the ☐ person ☐ estate of the proposed ward, with powers limited to the areas of established incapacity; and
4. Grant such other relief as is just.

PART 2 — APPOINTMENT AND DUTIES OF GUARDIAN AD LITEM (§ 33-15-7)

Upon the filing of this Petition, the Court shall appoint a guardian ad litem for the respondent. The guardian ad litem (who need not be an attorney but must have sufficient experience/training with elderly persons and persons with incapacities/disabilities) shall:

☐ Personally visit the respondent;
☐ Explain the nature, purpose, and legal effect of the appointment of a guardian;
☐ Explain the hearing procedure, including the right to contest the petition, to request limits on the guardian's powers, to object to a particular person being appointed, to be present, and to be represented by legal counsel;
☐ Inform the respondent of the name of the person seeking appointment as guardian;
☐ Review the decision-making assessment tool(s), the petition, and the notice;
☐ Interview the prospective guardian by telephone or in person;
☐ Determine and inform the Court whether the respondent wishes to be present, to contest, to limit the guardian's powers, to object to a particular guardian, or to be represented by counsel;
☐ File a report substantially in the form set forth in § 33-15-47 at least three (3) days before the hearing (unless waived).

Right to counsel (§ 33-15-7(d),(e)): If the respondent wishes to contest the petition, to limit the guardian's powers, or to object to a particular person being appointed — or if the respondent requests counsel or the guardian ad litem deems it in the respondent's best interest — and counsel has not been secured, the court shall appoint legal counsel.

PART 3 — NOTICE OF HEARING (§ 33-15-5)

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN

TO: [NAME OF PROPOSED WARD] and all interested persons listed in Part 1.

NOTICE IS GIVEN that a Verified Petition for Appointment of a Limited Guardian or Guardian has been filed in the Probate Court of the [City/Town] of [____________________________], and will be heard on:

You may appear and object. If you object, notify the Court and the guardian ad litem before the hearing.

PART 4 — RIGHTS OF THE RESPONDENT

The respondent has the following rights:

• The right to notice of the proceeding and hearing.
• The right to a guardian ad litem who personally visits and explains the proceeding (§ 33-15-7).
• The right to be represented by legal counsel, including court-appointed counsel if the respondent contests, seeks limits, objects to the proposed guardian, or requests counsel (§ 33-15-7(d),(e)).
• The right to be present at the hearing and to contest the petition.
• The right to have the Court consider less restrictive alternatives and refuse appointment if the ward's needs can be met otherwise (§ 33-15-4(a)).
• The right to a limited guardianship — authority only in areas of established incapacity, based on the decision-making assessment tool(s) (§ 33-15-4).
• The right to retain all legal and civil rights except those specifically suspended by the order; a limited guardianship is not a finding of legal incompetence (§ 33-15-4(a)(1)).
• The right to seek modification if decision-making ability changes (§ 33-15-4(a)(4)).

PART 5 — DECISION-MAKING ASSESSMENT TOOL / EVALUATION (PLACEHOLDER) (§ 33-15-47)

DECISION-MAKING ASSESSMENT TOOL

Assessment by area of decision-making (indicate capacity retained / assistance needed):

PART 6 — PROPOSED ORDER / DECREE OF APPOINTMENT (§ 33-15-4, § 33-15-18)

ORDER APPOINTING GUARDIAN / LIMITED GUARDIAN

This matter came before the Court on the Verified Petition. The Court, having considered the petition, the decision-making assessment tool(s), the guardian ad litem's report, and the evidence, FINDS:

1. ☐ Notice has been given as required by law.
2. ☐ The needs of the proposed ward cannot be met by a less restrictive alternative (§ 33-15-4(a)).
3. ☐ Based on one or more decision-making assessment tools, the proposed ward lacks capacity in the area(s) specified below.
4. ☐ The proposed guardian is qualified and suitable.

IT IS ORDERED:

• [NAME] is appointed ☐ Limited Guardian ☐ Full Guardian of the ☐ Person ☐ Estate of [WARD NAME].
• The scope of the guardian's powers and duties is: [________________________________]
• The respondent retains all legal and civil rights except those specifically suspended by this order.
• (If limited) The certificate of appointment shall clearly state that it is a limited guardianship.
• This order shall be modified if the ward's decision-making ability changes (§ 33-15-4(a)(4)).

Dated: [__/__/____] [____________________________]
Judge of the Probate Court

PART 7 — VERIFICATION AND NOTARIZATION

VERIFICATION

State of Rhode Island, County of [____________________________]

I, [PETITIONER NAME], being duly sworn, state that I am the Petitioner, that I have read the foregoing Petition, and that the statements contained therein are true to the best of my knowledge, information, and belief.

[____________________________]
Petitioner

Subscribed and sworn to before me on [__/__/____].

[____________________________]
Notary Public
My commission expires: [__/__/____]

SOURCES AND REFERENCES

• R.I. Gen. Laws ch. 33-15 — Limited Guardianship and Guardianship of Adults
• R.I. Gen. Laws § 33-15-2 (petition contents): https://law.justia.com/codes/rhode-island/title-33/chapter-33-15/
• R.I. Gen. Laws § 33-15-4 (limited guardianship; decision-making assessment tool): https://codes.findlaw.com/ri/title-33-probate-practice-and-procedure/ri-gen-laws-sect-33-15-4/
• R.I. Gen. Laws § 33-15-7 (guardians ad litem; right to counsel): https://law.justia.com/codes/rhode-island/title-33/chapter-33-15/section-33-15-7/
• R.I. Gen. Laws § 33-15-47 (decision-making assessment tool and GAL report forms)
• Disability Rights Rhode Island — Guardianship and Its Alternatives: https://drri.org

END OF PACKET