Guardianship Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Rhode Island requires the use of official court form PC-2.3 (Petition for Limited
Guardianship or Guardianship) for guardianship petitions. This template provides the
substantive legal content to help you prepare — but you must transfer your content to the
official form before filing. The official form is available at
https://www.sos.ri.gov/divisions/business-services/probate-forms. Do not file this document directly with the court.

STATE OF RHODE ISLAND

PROBATE COURT OF THE [CITY/TOWN] OF [COUNTY]

___________________________________________

IN RE: [FULL LEGAL NAME OF ALLEGED INCAPACITATED PERSON]
DOB: [MM/DD/YYYY]
Case No.: [To Be Assigned by Clerk]
___________________________________________

PETITION FOR APPOINTMENT OF GUARDIAN
[OF THE PERSON] [AND/OR] [OF THE ESTATE]
(“Guardianship Petition”)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction & Venue
4. Factual Allegations
5. Requested Guardianship Powers
6. Bond & Liability Provisions
7. Reporting & Compliance Obligations
8. Relief Requested
9. Verification & Signature Block
10. Exhibits & Schedules

1. DOCUMENT HEADER

1.1 Parties
a. “Petitioner” means [PETITIONER FULL LEGAL NAME], residing at [ADDRESS], telephone: ☐, email: ☐.
b. “Alleged Incapacitated Person” (“AIP”) means [AIP FULL LEGAL NAME], currently residing at [ADDRESS / FACILITY].
c. “Proposed Guardian” means [PROPOSED GUARDIAN FULL LEGAL NAME], relationship to AIP: ☐, residence: ☐, occupation: ☐.

1.2 Effective Date
This Petition is deemed filed on the date it is docketed by the Clerk of the Probate Court of the [City/Town] of [County] (“Court”).

1.3 Governing Law
This Petition is submitted pursuant to R.I. Gen. Laws § 33-15-1 et seq. and all applicable Probate Court Rules (“State Guardianship Law”).

2. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings set forth below:

“Bond” – The fiduciary bond with surety, in an amount set by the Court, required under R.I. Gen. Laws § 33-15-16 as a condition precedent to the issuance of Letters of Guardianship.

“Interested Party” – Any individual or entity entitled to notice under State Guardianship Law, including but not limited to next of kin, heirs-at-law, and the Department of Elderly Affairs.

“Standby Guardian” – A person nominated to assume guardianship if the appointed Guardian resigns, is removed, or becomes unable to serve.

3. JURISDICTION & VENUE

3.1 The AIP is domiciled or has a fixed place of abode in the [City/Town] of [County], Rhode Island.

3.2 Venue is proper in this Court pursuant to R.I. Gen. Laws § 33-15-4 because the AIP [resides / owns property] within this jurisdiction.

4. FACTUAL ALLEGATIONS

4.1 Incapacity.
a. The AIP is [AGE] years old and, based on the accompanying Physician’s or Licensed Clinical Psychologist’s Certificate (Exhibit A), lacks sufficient understanding or capacity to make or communicate responsible decisions concerning [his/her/their] person and/or property.
b. The nature of the incapacity is [brief medical/mental condition description].

4.2 Assets & Liabilities.
a. Estimated non-real-estate assets: $[___].
b. Estimated real property value: $[___].
c. Estimated annual income: $[___].
d. Known liabilities: $[___].

4.3 Existing Planning Instruments.
Petitioner is aware of the following documents:
• Durable Power of Attorney dated ☐
• Health-Care Proxy dated ☐
• Trust Agreement dated ☐
(collectively, “Planning Instruments”).
Petitioner requests that the Court determine the continued validity or revocation of any Planning Instruments that are inconsistent with the guardianship sought.

4.4 Less-Restrictive Alternatives Considered.
Petitioner has considered, and determined insufficient, the following alternatives:
a. Supported decision-making arrangements;
b. Representative payee services;
c. [Other].
Consequently, guardianship is the least restrictive means available.

5. REQUESTED GUARDIANSHIP POWERS

5.1 Guardian of the Person
a. Authority to decide residential placement, medical treatment, and personal care.
b. Authority to apply for governmental benefits on behalf of the AIP.
c. Power to consent to or refuse life-sustaining treatment in accordance with R.I. Gen. Laws § 23-4.11-2, subject to Court approval where required.

5.2 Guardian of the Estate
a. Authority to collect, conserve, and manage all AIP assets.
b. Authority to execute, endorse, or assign instruments, including tax returns.
c. Power to institute or defend legal actions in the name of the AIP.
d. Investment authority limited to prudent-investor standards.

5.3 Duration & Scope
Petitioner requests [limited / plenary] guardianship for an indefinite term, subject to annual review and statutory reporting.

6. BOND & LIABILITY PROVISIONS

6.1 Bond Amount
Petitioner requests that Bond be set at $[___] or such other amount as the Court deems appropriate, with corporate surety.

6.2 Indemnification & Fiduciary Duty
The Guardian shall be personally liable for breach of fiduciary duty but shall be indemnified from the guardianship estate for all reasonable costs and expenses incurred in good-faith performance, subject to Court approval and the Bond as the liability cap.

7. REPORTING & COMPLIANCE OBLIGATIONS

7.1 Initial Inventory
Within thirty (30) days of issuance of Letters of Guardianship, Guardian shall file an Inventory of the AIP’s real and personal property.

7.2 Annual Accounting
Guardian shall submit a verified account annually on or before [DATE], or as otherwise ordered.

7.3 Personal Status Report
Guardian of the Person shall file an annual report addressing the AIP’s medical condition, living arrangements, and services received.

7.4 Court Monitoring
Guardian shall cooperate with any Court-appointed Visitor, Examiner, or Auditor.

8. RELIEF REQUESTED

Petitioner respectfully prays that the Court:

a. Schedule a hearing on this Petition and issue notice to all Interested Parties;
b. Appoint [PROPOSED GUARDIAN] as Guardian [of the Person] [and/or] [of the Estate] of [AIP] with the powers enumerated herein;
c. Determine and require appropriate Bond;
d. Issue protective orders as necessary to safeguard the AIP’s person and property pending hearing;
e. Grant such other and further relief as equity and justice may require.

9. VERIFICATION & SIGNATURE BLOCK

I, [PETITIONER NAME], being duly sworn, depose and state under penalty of perjury that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief.

Date: __________

____________________________________
[PETITIONER NAME], Petitioner

State of Rhode Island
County of _____________

Subscribed and sworn before me on this ____ day of __________, 20__, by [PETITIONER NAME].

____________________________________
Notary Public
My commission expires: __________

10. EXHIBITS & SCHEDULES

• Exhibit A – Physician’s/Licensed Clinical Psychologist’s Certificate
• Exhibit B – Schedule of Assets & Liabilities
• Exhibit C – Proposed Guardian’s Acceptance & Acknowledgment of Duties
• Exhibit D – Notice List of Interested Parties
• Exhibit E – Bond Form

COUNSEL OF RECORD

Prepared by:

____________________________________
[ATTORNEY NAME], Esq. (#RI Bar ______)
[LAW FIRM NAME]
[ADDRESS]
Tel: [___] | Email: [___]

Attorney for Petitioner

END OF DOCUMENT

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