Rhode Island Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Rhode Island court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on R.I. Gen. Laws Title 33, Chapter 15 (Limited Guardianship and Guardianship of Adults)

By Settled Estate EditorialPublished: June 28, 2026Updated: August 2, 2026

What guardianship and conservatorship mean here

Rhode Island guardianship is a probate case heard by the probate court of the city or town where the person lives. The statute is built to say no: § 33-15-4 forbids the court to appoint a guardian at all if the person's needs are being met, or can be met, by a less restrictive alternative, and forbids a full guardianship unless a decision-making assessment tool completed by a physician supports a finding of total incapacity. Anything short of that has to be a limited guardianship, granting authority only in the specific areas where the person lacks decision-making ability. The judge must be satisfied by clear and convincing evidence, and a guardian ad litem is appointed on every adult petition to meet the person face to face first.

Rhode Island uses guardian for an adult, not conservator, and the word limited carries most of the meaning. A limited guardian holds only the powers the order lists, chosen from four statutory areas: health care, financial matters, residence and relationships. A full guardian is the exception and requires a finding of total incapacity. Conservatorship in Rhode Island is a separate, narrower thing under § 33-15-44: it reaches property only, never the person, and a person who is simply unable to manage their own property may petition for one themselves. Guardian also means the guardian of a minor's person or estate under chapter 15.1, which is a different chapter with different rules. The person a petition is filed against is the respondent before appointment and the ward afterward.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Full guardianship of the person and estate

Decision-making in all four statutory areas, plus management of the whole estate, with the guardian required to manage frugally and without waste and to apply income to the ward's support. Only where a decision-making assessment tool supports a finding that the adult is totally incapacitated, and only where the court is satisfied by clear and convincing evidence and finds that no less restrictive alternative can meet the need. The petition itself has to state what steps were taken to use less restrictive alternatives first.

R.I. Gen. Laws §§ 33-15-2, 33-15-4 and 33-15-29

Conservator of property

Charge and management of the person's property, subject to the direction of the court, and nothing touching the person. A person who by reason of disability, or simply by their own election, cannot properly care for their property may petition for a conservator themselves, or a relative or friend may petition. The court sets a hearing and gives the person at least 14 days' notice if they are not the petitioner, then appoints if it appears the person is incapable of properly caring for the property. Anyone convicted of a felony involving forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, burglary, breaking and entering, or any other fraud or theft offense cannot serve. The court discharges the conservator when the conservatorship is no longer necessary.

R.I. Gen. Laws §§ 33-15-44 and 33-15-45

Limited guardianship of an adult

Decision-making authority only in the areas the order names, drawn from health care, financial matters, residence and relationships, with the certificate of appointment stating on its face that the guardianship is limited. This is the Rhode Island default. Absent a finding of total incapacity based on a decision-making assessment tool, the court must limit the powers to the terms best suited to let the person take part in decisions affecting them. Appointing a limited guardian is not a finding of legal incompetence, and the person keeps every legal and civil right the order does not specifically suspend.

R.I. Gen. Laws § 33-15-4

More guardianship types8 additional arrangements courts use in specific situations, with statute cites

Temporary limited guardian or temporary guardian of an adult

Only what the temporary decree itself grants over the ward's person, the ward's estate, or both, held until the appointee is legally discharged, backed by a bond posted in the same manner and on the same conditions a permanent appointee posts. A guardianship case is already open and something cannot wait for the final decree. What the appointee holds is bounded twice over: the decree fixes the powers, and tenure lasts only while the appointment question stays open or until the court discharges them. Rhode Island also closes off review here, making this the one appointment in the chapter nobody may appeal. See the emergency section below for how a judge makes one.

R.I. Gen. Laws §§ 33-15-12 and 33-15-11

Temporary limited guardian for a nursing facility admission

Authorizing, directing or ratifying one transaction: the admission itself, including enrolling the person in medicaid or general public assistance. A nursing facility requires a limited guardian before it will admit someone, and the admission is in the person's best interest. Before appointing, the court must find on the record that a limited guardian is needed, that nobody is available to serve as full-time guardian, that no financial resources are available for the person's use and care, and that moving the person to a nursing facility is necessary for proper care and treatment. Once the admission and any benefits enrollment are done, the court may accept the temporary limited guardian's resignation.

R.I. Gen. Laws § 33-15-8.1

Good Samaritan guardian

The same duties and responsibilities any Rhode Island guardian carries, served without any fee or compensation. The proposed ward's estate cannot pay for a guardian's services and the appointment is otherwise in that person's best interest. The petitioner files the ordinary guardianship papers plus a form setting out their experience, their willingness to serve, and a statement that they will seek no fee, though they may still solicit and use charitable donations for the ward. No surety is required on the bond unless the court decides circumstances warrant it, the court may waive filing requirements and court fees, and the guardian is immune from civil damages for ordinary negligence but not for gross negligence or willful or wanton conduct. The court may revoke the good Samaritan status if assets turn up.

R.I. Gen. Laws §§ 33-15-4.1, 33-15-4.3, 33-15-4.4 and 33-15-4.5

Guardian of the person of a minor

Suitable charge of the child, including special charge of the child's education, with the child's estate liable for that education the same way it is liable for support. A child needs someone other than a parent to hold guardianship. The probate court of the city or town where the child resides or has a legal settlement appoints. A child under 14 has a guardian appointed for them; a child 14 or older may nominate their own guardian, and the court appoints that person if it approves the choice.

R.I. Gen. Laws §§ 33-15.1-5, 33-15.1-4 and 33-15.1-30

Guardian of the estate of a minor

Management of the child's property, frugally and without waste, applying income and profits as needed to the child's support and maintenance. A child owns property that needs managing. The guardian gives bond under § 33-17-1, returns an inventory and appraisement within 30 days of appointment, and files an account with the probate court every year. Note that Rhode Island lets a parent or custodial guardian settle a minor's claim without any guardianship where the release is worth $10,000 or less.

R.I. Gen. Laws §§ 33-15.1-28, 33-15.1-17 and 33-15.1-29

Temporary guardian of a minor

Care and custody of the child's person, management of the child's estate, or both, on bond given in the same manner as a permanent guardian's. A minor guardianship petition, or an appeal from a decree appointing a guardian, is pending and the probate court thinks a stopgap proper. The court sets whatever notice it directs. The office lasts until the guardianship question is decided or the court discharges the temporary guardian, and no appeal lies from the appointment.

R.I. Gen. Laws §§ 33-15.1-14, 33-15.1-15 and 33-15.1-16

Veterans' guardianship

Receiving and managing United States Department of Veterans Affairs benefits for a ward, with compensation capped at 5% of the money received during the accounting period unless the court allows more for extraordinary services. Federal law or a veterans administration regulation requires a guardian before benefits can be paid. No probate fee is charged on a guardianship opened for that purpose. Nobody except a bank or trust company may serve as guardian for more than five wards at a time unless they are all one family. A veterans administration certificate that a minor ward reached majority, or that an incompetent ward was rated competent, is prima facie evidence supporting termination.

R.I. Gen. Laws §§ 33-16-4, 33-16-5, 33-16-20 and 33-16-25

Guardian of the estate of a nonresident

The Rhode Island estate of someone who lives in another state. A person residing outside Rhode Island has an estate in a Rhode Island city or town, has no guardian in this state, and would meet the standards for guardianship if they lived here. That city or town's probate court may appoint or approve a guardian of the estate. Where a guardianship already exists in another state, the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act at chapter 15.2 governs which state may act and how a case moves.

R.I. Gen. Laws §§ 33-15-16 and 33-15.2-203

The Rhode Island guardianship court process

1File in the right city or townAny person may file a verified petition with the probate court clerk in the city or town where the proposed ward resides, or where an out-of-state proposed ward has property.

Any person may file a verified petition with the probate court clerk in the city or town where the proposed ward resides, or where an out-of-state proposed ward has property. Rhode Island has no county probate court, so the municipality of residence decides which court hears the case (R.I. Gen. Laws §§ 33-15-2 and 8-9-9).

2Say in the petition what you already triedThe petition must state the proposed ward's name, age and address, whether a limited or a full guardian is sought and in which of the four areas, the specific guardianship powers requested, the qualifications of the person proposed to serve, and the steps which have been taken to utilize less restrictive alternatives to guardianship.

The petition must state the proposed ward's name, age and address, whether a limited or a full guardian is sought and in which of the four areas, the specific guardianship powers requested, the qualifications of the person proposed to serve, and the steps which have been taken to utilize less restrictive alternatives to guardianship. That last item is a required allegation, not a courtesy (R.I. Gen. Laws § 33-15-2).

3File the decision-making assessment tool with the petitionA decision-making assessment tool, in the form set out in § 33-15-47, must be filed with the petition in every case.

A decision-making assessment tool, in the form set out in § 33-15-47, must be filed with the petition in every case. The proposed ward's primary care physician completes it if one exists and is available; otherwise a physician who has examined and treated the person does. Professionals and others acquainted with the person may file additional assessment tools, and the court may consider assessments from consulting physicians and non-physicians. The court may excuse the filing only on a petition for temporary guardianship in extraordinary or emergency circumstances, and then only on other competent evidence (R.I. Gen. Laws § 33-15-4).

4Get a guardian ad litem appointed, automaticallyOn the filing of an adult guardianship petition a guardian ad litem is appointed for the respondent.

On the filing of an adult guardianship petition a guardian ad litem is appointed for the respondent. Each probate court keeps a list of qualified people and appoints from it on a rotating basis. The guardian ad litem need not be an attorney but must have experience or training with elderly people and people with incapacities. Whoever serves in that role cannot then serve as the respondent's legal counsel, temporary guardian or permanent guardian (R.I. Gen. Laws § 33-15-7).

5Serve the respondent in person, 14 days outNotice of the petition and a copy of the petition itself must be served on the respondent in person at least 14 days before any hearing, by a process server licensed under Rhode Island law, who wears plain clothes, has experience dealing with people who may lack decision-making ability, presents the written notice and reads it aloud.

Notice of the petition and a copy of the petition itself must be served on the respondent in person at least 14 days before any hearing, by a process server licensed under Rhode Island law, who wears plain clothes, has experience dealing with people who may lack decision-making ability, presents the written notice and reads it aloud. The notice must be in plain language and large type and must state the time and place of the hearing, the possible loss of liberty, and the respondent's rights. For a temporary guardianship the 14 days drop to 5 unless the court orders shorter. In a good Samaritan guardianship the court-appointed guardian ad litem may serve the notice (R.I. Gen. Laws § 33-15-17.1).

6Mail notice to the spouse and heirs at law, 10 days outAt least 10 days before the hearing the petitioner or their attorney mails notice to the respondent's spouse and heirs at law under the rules of descent in § 33-1-1, to the administrator of any care and treatment facility where the respondent lives or gets primary services, and to anyone known to be regularly providing protective services to the respondent.

At least 10 days before the hearing the petitioner or their attorney mails notice to the respondent's spouse and heirs at law under the rules of descent in § 33-1-1, to the administrator of any care and treatment facility where the respondent lives or gets primary services, and to anyone known to be regularly providing protective services to the respondent. For a temporary guardianship that drops to 5 days. The petitioner files an affidavit of notice with names, addresses, mailing date and a copy of the notice. Except on a temporary petition, the court itself also gives notice by advertisement (R.I. Gen. Laws § 33-15-17.1).

7Record the petition in the land records if real property is involvedWhere the petition alleges that the respondent lacks decision-making ability regarding real property, the petitioner must record a copy of the petition with the order of notice on it in the land evidence records of every city or town where the respondent owns real property.

Where the petition alleges that the respondent lacks decision-making ability regarding real property, the petitioner must record a copy of the petition with the order of notice on it in the land evidence records of every city or town where the respondent owns real property. Once a guardian is appointed with authority over the real property, contracts, sales and conveyances of real property made by the respondent after that recording are void, as are other contracts except for necessaries, and gifts, sales or transfers of personal property made after the first publication of notice (R.I. Gen. Laws § 33-15-13).

8Let the guardian ad litem do the visit and file the reportThe guardian ad litem personally visits the respondent, explains the nature, purpose and legal effect of a guardianship and how the hearing works, names the person seeking appointment, reviews the assessment tools, the petition and the notice, interviews the prospective guardian, and then tells the court whether the respondent wants to attend, wants to contest, wants limits on the guardian's powers, objects to a particular person, and wants a lawyer.

The guardian ad litem personally visits the respondent, explains the nature, purpose and legal effect of a guardianship and how the hearing works, names the person seeking appointment, reviews the assessment tools, the petition and the notice, interviews the prospective guardian, and then tells the court whether the respondent wants to attend, wants to contest, wants limits on the guardian's powers, objects to a particular person, and wants a lawyer. Unless the court waives it, the report is filed at least three days before the hearing on the form in § 33-15-47, with a copy to every attorney of record (R.I. Gen. Laws § 33-15-7).

9Get counsel appointed if the respondent wants to fightWhere the respondent wishes to contest the petition, to have limits placed on the guardian's powers, or to object to a particular person being appointed, and has not already secured counsel, the court shall appoint legal counsel.

Where the respondent wishes to contest the petition, to have limits placed on the guardian's powers, or to object to a particular person being appointed, and has not already secured counsel, the court shall appoint legal counsel. The court also appoints counsel where the respondent asks for it or where the guardian ad litem determines counsel is in the respondent's best interest. Once counsel is in place the guardian ad litem's appointment terminates, except for reporting the respondent's wishes and objections (R.I. Gen. Laws § 33-15-7).

10Hold the hearing before a probate judgeNo guardian may be appointed until after a hearing before a judge of the probate court of the city or town where the petition was filed.

No guardian may be appointed until after a hearing before a judge of the probate court of the city or town where the petition was filed. The respondent has the right to be present at the hearing and at every other stage, to compel the attendance of witnesses, to present evidence, and to confront and cross-examine witnesses. The Rhode Island rules of evidence apply, and any professional whose training and experience aid in assessing decision-making ability, and who assessed the respondent, may give expert testimony (R.I. Gen. Laws § 33-15-5).

11Meet the clear and convincing standard, then take the least restrictive orderThe standard of proof is clear and convincing evidence.

The standard of proof is clear and convincing evidence. The court shall not appoint a guardian or limited guardian at all if it finds the proposed ward's needs are being met, or can be met, by a less restrictive alternative. Absent a finding of total incapacity based on an assessment tool, the court must limit the guardian's powers and authorize decisions only in the areas where the person lacks capacity, striking a balance between protection and the person's liberty, property and privacy interests. The certificate of appointment must state on its face that the guardianship is limited, and the order must state the scope of the powers and duties. A limited guardianship is not a finding of legal incompetence and the person keeps every right the order does not suspend (R.I. Gen. Laws §§ 33-15-5 and 33-15-4).

12Clear the national criminal background checkEveryone applying to be a limited guardian or guardian must apply to the Rhode Island attorney general, the state police or the appropriate local police department for a nationwide criminal records check on a standard form the probate court supplies, including fingerprints, and the applicant pays for it.

Everyone applying to be a limited guardian or guardian must apply to the Rhode Island attorney general, the state police or the appropriate local police department for a nationwide criminal records check on a standard form the probate court supplies, including fingerprints, and the applicant pays for it. A person may be appointed temporary limited guardian or temporary guardian for no more than 10 days while that check is pending. The bureau tells the court that disqualifying information exists without disclosing what it is, tells the applicant what it is, and the probate court decides suitability (R.I. Gen. Laws § 33-15-6.1).

13Give bond, with or without suretyEvery guardian gives bond to the probate court in the sum it requires, with sufficient sureties, conditioned on returning a true inventory, managing and disposing of all property according to law and for the ward's best interests, rendering true accounts under oath, and settling the account and paying over the property at the end of the trust.

Every guardian gives bond to the probate court in the sum it requires, with sufficient sureties, conditioned on returning a true inventory, managing and disposing of all property according to law and for the ward's best interests, rendering true accounts under oath, and settling the account and paying over the property at the end of the trust. No surety is required where the guardian is the ward's spouse, parent, child, brother, sister or other heir at law and satisfies the court that circumstances warrant waiver, judged on factors including the number of heirs at law, their relationship to one another, and whether conflicts appear (R.I. Gen. Laws §§ 33-17-1 and 33-17-1.3).

14File the inventory within 30 daysWithin 30 days after appointment, or a longer time the probate court allows, a temporary guardian, guardian or limited guardian returns an inventory and appraisement of all the ward's real and personal property under oath, valued as of the date the guardian qualified, made by the guardian or by disinterested appraisers the court appoints and swears.

Within 30 days after appointment, or a longer time the probate court allows, a temporary guardian, guardian or limited guardian returns an inventory and appraisement of all the ward's real and personal property under oath, valued as of the date the guardian qualified, made by the guardian or by disinterested appraisers the court appoints and swears. Where the ward held assets jointly or in another form of concurrent ownership, the appraiser must state on the inventory the basis for valuing the ward's interest at all, none, or part of the asset (R.I. Gen. Laws § 33-15-19).

15Account and report every yearA guardian with authority over the estate returns an account to the probate court every year in the same manner executors and administrators must.

A guardian with authority over the estate returns an account to the probate court every year in the same manner executors and administrators must. A guardian with authority over the person returns an annual status report on the form in § 33-15-47, covering the ward's residence, the ward's condition, any change the guardian perceives in the ward's decision-making capacity, and a summary of the actions and decisions the guardian took. The probate court monitors each file and cites a guardian who has not filed, demanding the filing within 30 days. The status report can be waived for good cause; the account cannot, except where the court is satisfied it is not necessary or expedient in that year (R.I. Gen. Laws §§ 33-15-26 and 33-15-26.1).

16Ask the court first before doing estate planning with the ward's moneyA guardian, limited guardian or conservator of an adult may petition the superior or probate court, after notice by publication as the court directs and other notice to all interested persons, for authority to exercise the powers the ward could exercise if present and not under disability.

A guardian, limited guardian or conservator of an adult may petition the superior or probate court, after notice by publication as the court directs and other notice to all interested persons, for authority to exercise the powers the ward could exercise if present and not under disability. That covers gifts, releasing contingent and expectant interests, creating revocable or irrevocable trusts, exercising or releasing a power of appointment, changing insurance and annuity beneficiaries, electing against a deceased spouse's estate, and disclaiming an inheritance. The petition has to outline the action, the result expected, the tax savings if any, and why the plan is consistent with the ward's own intentions so far as they can be ascertained (R.I. Gen. Laws § 33-15-37.1).

How long it takes

Rhode Island runs guardianship on notice clocks rather than on a statutory hearing deadline. Nothing in chapter 15 says the hearing must happen within a set number of days of filing, so the pace is set by the probate court's own session calendar, which each of the 39 cities and towns publishes for itself. What the statute does fix is the runway before that hearing: personal service on the respondent at least 14 days out, mailed notice to the spouse and heirs at law at least 10 days out, notice by court advertisement, and the guardian ad litem's report on file at least three days before. For a temporary guardianship both notice periods drop to five days unless the court orders shorter. An uncontested case commonly reaches a decree within about one to two months of filing, and a contested case runs far longer; both of those are practice observations, not statutory deadlines. An appeal from the decree goes to the superior court and is heard de novo, on deadlines that are jurisdictional and cannot be extended.

Personal service on the respondent: At least 14 days before any hearing on a petition for a limited guardian or guardian, by a licensed Rhode Island process server who reads the notice aloud; reduced to 5 days for a temporary guardianship unless the court orders shorter (R.I. Gen. Laws § 33-15-17.1)
Mailed notice to the spouse and heirs at law: At least 10 days before the hearing, to the spouse and heirs at law under § 33-1-1, any care or treatment facility administrator, and any protective services provider; reduced to 5 days for a temporary guardianship unless the court orders shorter (R.I. Gen. Laws § 33-15-17.1)
Guardian ad litem report: Filed with the court at least 3 days before the hearing, with a copy mailed or hand delivered to each attorney of record, unless the court waives it (R.I. Gen. Laws § 33-15-7)
Temporary guardian pending a background check: Not more than 10 days while the nationwide criminal records check is outstanding (R.I. Gen. Laws § 33-15-6.1)
Temporary guardianship term: Until the question of appointing a guardian is decided, or until the probate court discharges the temporary guardian. Rhode Island fixes no day count, and no appeal lies from the appointment (R.I. Gen. Laws § 33-15-11)
Inventory and appraisement: Within 30 days after appointment, or a longer time the probate court allows, valued as of the date the guardian qualified (R.I. Gen. Laws § 33-15-19)
Annual account: Every year, in the same manner executors and administrators file. The court cites a guardian who has not filed and demands the account within 30 days; 30 days of non-compliance without sufficient excuse makes the guardian accountable for the full value of the estate and forfeits all compensation (R.I. Gen. Laws § 33-15-26)
Annual status report: Every year from a guardian with authority over the ward's person, on the form in § 33-15-47, covering residence, condition, any perceived change in decision-making capacity, and a summary of actions taken; a missed report draws the same 30-day citation, and the requirement can be waived for good cause (R.I. Gen. Laws § 33-15-26.1)
Conservatorship notice: At least 14 days' notice of the hearing to the person for whom a conservator is sought, where that person is not the petitioner (R.I. Gen. Laws § 33-15-44)
Hearing on a visitation or isolation motion: No later than 30 days after the motion is filed; no later than 10 days where the motion states the ward's health is in significant decline or death may be imminent, in which case the court must also order supervised contact in the meantime (R.I. Gen. Laws § 33-15-18.1)
Minor guardianship personal service: At least 14 days before any action on the application, served on the intended ward in person; for a minor under 12 the court may direct service on next of kin or another interested person or friend instead (R.I. Gen. Laws § 33-15.1-10)
Minor guardianship mailed notice: At least 10 days before the hearing, to the prospective ward's spouse and children, or if there are no children, to the heirs at law next in line under § 33-1-1 (R.I. Gen. Laws § 33-15.1-11)
Minor estate inventory: Within 30 days after appointment, or a longer time the probate court allows (R.I. Gen. Laws § 33-15.1-17)
Claim of appeal to the superior court: Within 20 days after the probate judge executes the order or decree, filed with the probate clerk together with a request for a certified copy (R.I. Gen. Laws § 33-23-1)
Reasons of appeal in the superior court: Within 30 days after entry of the order or decree. Both appeal deadlines are jurisdictional and cannot be extended by the probate court or the superior court, and the appeal is heard de novo (R.I. Gen. Laws § 33-23-1)
Uncontested case: About 1 to 2 months from filing in most cities and towns, driven by the 14-day service and 10-day mailed notice runway plus the probate court's own session calendar. This is a practice estimate, not a statutory deadline, and Rhode Island sets no deadline for holding the hearing
Contested case: 6 to 12 months or more where the respondent contests the petition, counsel is appointed, or the decree is appealed to the superior court for a de novo hearing. This is a practice estimate, not a statutory deadline
Planning documents: A durable power of attorney and a health care power of attorney can usually be signed within a few weeks, and the health care form needs only one notary or two qualified witnesses

Alternatives to consider before guardianship

The less restrictive alternative rule itself

Whether a guardianship happens at all, and how much of it happens. This is a statutory bar, not advice. The court shall not appoint a guardian or limited guardian if it finds the proposed ward's needs are being met or can be met by a less restrictive alternative, and absent a finding of total incapacity it must limit the powers to the areas where capacity is actually missing. The petition has to state what steps were taken to use less restrictive alternatives first, so the question is on the record from the day the case opens. The legislature's stated purpose is to provide, in each case, the form of assistance that least interferes with the person's legal capacity to act on their own behalf, and it directed that the chapter be liberally construed to accomplish that.

R.I. Gen. Laws § 33-15-4

Supported decision-making agreement

Understanding information and options, getting records, arranging support services, and communicating a decision the adult still makes themselves. Rhode Island enacted this in 2019 and said in the statute what it is for: to establish the use of supported decision-making as an alternative to guardianship. A supporter helps the adult understand, gather information and communicate, and expressly does not substitute as the decision maker. A decision or request made with a supporter's assistance is recognized in law as the decision of the adult. The agreement names at least one supporter, states which decisions the supporter may help with and which they may not, is dated, and is signed by each party either before two adult witnesses or before a notary, with a separate declaration signed by each supporter. Two protections matter for a guardianship case: all adults are presumed capable of managing their affairs, the way an adult communicates is not grounds for deciding otherwise, and signing one of these agreements may not be used as evidence of incapacity. Employers, employees, paid service providers and anyone under a protective order are disqualified from serving as supporter.

R.I. Gen. Laws § 42-66.13-2

Durable power of attorney

Financial, property and business decisions. The single most useful document for keeping a Rhode Island family out of probate court, and the one most often signed wrong. A power of attorney is durable only where the writing contains the words this power of attorney shall not be affected by the incompetency of the donor, or this power of attorney shall become effective upon the incompetency of the donor, or similar words showing that intent. With those words the agent's authority continues through incompetency and through uncertainty about whether the donor is alive, and unless the document states an end date it does not expire with age. Know the limit: if a guardian or conservator is later appointed, the agent must account to that guardian instead of the donor, and the guardian holds the same power the donor would have had to revoke, suspend or terminate the power of attorney.

R.I. Gen. Laws § 34-22-6.1

Rhode Island statutory short form power of attorney

Real estate, chattel and goods, bond, share and commodity, banking, business operating, insurance, claims and litigation, military benefits, and records, reports and statements transactions. Rhode Island publishes a statutory short form power of attorney whose subject headings are each given a full statutory meaning in chapter 16, so initialing one line grants a defined bundle of powers rather than leaving a bank to guess. The form may be supplemented with extra powers, may have listed powers struck out, and may carry any additional provision not inconsistent with the rest of the form. Pair it with the durability language of § 34-22-6.1, which is a separate requirement the short form does not supply on its own.

R.I. Gen. Laws § 18-16-2

Health care power of attorney

Medical and treatment decisions, including instructions about life-sustaining procedures in a terminal condition. An adult 18 or older who resides in Rhode Island may appoint an attorney in fact for health care on the statutory form. It is not valid unless signed by one notary public or by two qualified witnesses present when the principal signs or acknowledges the signature. Because a Rhode Island court must find that no less restrictive alternative can meet the person's needs before appointing a guardian, an operative health care power of attorney is direct evidence against the health care part of a guardianship petition.

R.I. Gen. Laws § 23-4.10-2

Living will declaration

Withholding or withdrawing life-sustaining procedures, and whether that includes artificial feeding. A competent individual 18 or older may execute a declaration at any time, signed by the declarant or by another at the declarant's direction in the presence of two subscribing witnesses who are not related to the declarant by blood or marriage. The statutory form makes the reader check one box on artificial feeding, so it removes the question a family fights over. It has operative effect only once it is communicated to the attending physician, the physician determines the declarant is in a terminal condition, and the declarant is unable to make treatment decisions.

R.I. Gen. Laws § 23-4.11-3

Custodial trust under the Rhode Island Uniform Custodial Trust Act

Whatever property is transferred to the custodial trustee, managed for the beneficiary's use and benefit. The closest thing Rhode Island has to a court-free standby guardianship of the estate. A person transfers property to a custodial trustee for a named beneficiary, who may be the transferor, and may name a successor custodial trustee in the instrument. While the beneficiary is not incapacitated the trustee pays out as the beneficiary directs. Once the beneficiary is incapacitated the trustee expends as much of the property as the trustee considers advisable for the beneficiary and for people the beneficiary supported, without a court order and without regard to the beneficiary's other income or property. The trustee may determine incapacity in reliance on a prior direction, on the beneficiary's physician's certificate, or on other persuasive evidence, and incapacity terminates neither the trust, the successor designation, nor the trustee's powers.

R.I. Gen. Laws §§ 18-13-2 and 18-13-10

Uniform Transfers to Minors Act custodianship

Money or property given, bequeathed or paid to a child. Property titled to a custodian for a minor under Rhode Island's Uniform Transfers to Minors Act needs no guardian of the estate, no bond, no inventory and no annual probate account. The custodian has all the rights, powers and authority over the custodial property that an unmarried adult owner has over their own property, exercisable only in that capacity. The custodian transfers the property to the child at 21 for a gift or a transfer under a will or trust, at 18 for a transfer by a fiduciary or an obligor, or to the child's estate on earlier death.

R.I. Gen. Laws §§ 18-7-14 and 18-7-21

Parental release of a small claim for a child

Settling a minor's legal claim without opening a guardianship of the estate. A release given by both parents, or by a parent or guardian with legal custody, or by a guardian or adult spouse of a minor spouse, is valid and binding on the minor where the amount does not exceed $10,000 in value. Below that line a family can close a child's injury claim without a probate case; above it, expect the guardianship of the estate.

R.I. Gen. Laws § 33-15.1-1

Representative payee

Social Security and similar federal benefit income only. The federal agency appoints someone to receive and apply the benefit payments where it finds the beneficiary's interest served by it. It is arranged through the agency rather than a court, costs nothing, and takes away no other legal right, so it solves the narrow case where a person's only unmanaged money is a monthly check.

42 U.S.C. § 405 (federal law)

Limited guardianship instead of full guardianship

Cases where a court appointment really is needed, but not in every area of life. Worth naming as its own alternative, because Rhode Island treats it that way. The court authorizes decisions only in the areas the assessment tool shows the person cannot handle, the order states the scope, the certificate of appointment says on its face that the guardianship is limited, the appointment is not a finding of legal incompetence, and the person keeps every legal and civil right the order does not suspend. If circumstances change so the order no longer leaves the person as much autonomy as possible, modification is required and can be done by agreement filed as an order.

R.I. Gen. Laws §§ 33-15-4 and 33-15-8

Emergency guardianship and planning ahead

Emergency guardianship: Rhode Island has no separate emergency guardianship statute. What it has instead is § 33-15-10: at any point after a petition to appoint is filed and before it is decided, and also while a decree sits on appeal, a probate judge who sees cause shown may install someone over the person, over the estate, or over both, on whatever notice the situation allows. No day count at all. Rhode Island ties tenure to the case rather than to a clock, so under § 33-15-11 the office lasts as long as the underlying question stays open, and it ends on a decree or on a discharge order, whichever comes first. There is nothing to renew, because nothing expires. Families used to a 30-day or 60-day emergency order in another state should expect no renewal hearing here, and should instead watch the docket for the decree that closes the appointment out. Authority: R.I. Gen. Laws § 33-15-10.

Naming a guardian in advance: Rhode Island has no statute that lets an adult name their own future guardian, and that gap is worth planning around. Reading all of chapter 33-15, the Health Care Power of Attorney Act and the Short Form Power of Attorney Act turns up no nomination provision of the kind many states offer. What Rhode Island does give you is § 33-15-6(e), which requires the court to consider the wishes the person expresses about who should serve, and a set of documents that keep the case from being filed at all. Parents get a real advance mechanism: anyone who can make a will may name a guardian for their minor children in it, subject to the probate court's approval. So the planning answer in Rhode Island is to sign a durable power of attorney and a health care power of attorney while you can, put property that needs managing into a custodial trust with a named successor, name a guardian for your children in your will, and tell your family in writing who you would want if a court ever has to choose.

Guardianship costs

Court filing fee: 1.0% of the ward's personal property, with a $30 minimum and a $1,500 maximum, for the petition to appoint a limited guardian, guardian or conservator. The fee is paid before filing, is based on the petitioner's estimate, and is revised up or down once the real figure is known. It is statutory and identical in all 39 Rhode Island city and town probate courts (R.I. Gen. Laws § 33-22-21)
Petition to remove a guardian or conservator: $30 (R.I. Gen. Laws § 33-22-21)
Certificate of appointment: $5 per certificate (R.I. Gen. Laws § 33-22-21)
Petition for tax minimization or estate planning: $30 for the § 33-15-37.1 petition to make gifts, create trusts or change beneficiaries with the ward's property (R.I. Gen. Laws § 33-22-21)
Certified copies: $1.50 per page, plus $3.00 to certify a probate document (R.I. Gen. Laws § 33-22-21)
Guardian ad litem fee: Capped at $800 by statute, paid by the petitioner if no permanent guardian is appointed or by the guardian of the ward's estate if one is. The court may exceed the cap where circumstances warrant (R.I. Gen. Laws § 33-15-7)
Filing fee for a veterans guardianship: $0. No probate fee is charged where the guardianship exists so the ward can receive United States veterans administration benefits (R.I. Gen. Laws § 33-22-22)
Filing fee for a good samaritan guardianship: $0 where the court grants the waiver. The court may waive any and all filing requirements and court fees associated with a good Samaritan guardianship, and must provide the waiver application form (R.I. Gen. Laws §§ 33-15-4.2 and 33-15-4.5)
Filing fee for a public welfare petitioner: $0, and no surety on the bond, where a city or town director of public welfare, or a state director of social and rehabilitative services or of behavioral healthcare, developmental disabilities and hospitals, certifies the petition is filed so a respondent without funds can get federally financed assistance (R.I. Gen. Laws § 33-15-15)
Criminal background check: Paid by the person seeking appointment. Rhode Island fixes the payer, not the price: the nationwide fingerprint-based check is run and charged by the attorney general, the state police or the local police department the applicant applies to (R.I. Gen. Laws § 33-15-6.1)
Decision making assessment tool: $0 to $500 for the physician's completion of the assessment tool that must accompany the petition. This is a national practice range for a capacity evaluation, not a Rhode Island published rate; a primary care physician often completes the form as part of ordinary care
Process server and newspaper advertising: Charged by the licensed Rhode Island process server who serves the respondent in person and by the newspaper that runs the court's advertisement. These are third-party charges, not court fees, and they vary by municipality and publication
Attorney fees for the proceeding: $2,500 to $7,500 or more for petitioner's counsel. This is a national practice range, not a Rhode Island published rate. Where a guardian is appointed, the court must allow reasonable expenses of prosecuting or defending the petition, payable by the guardian (R.I. Gen. Laws § 33-15-14)
Surety bond premium: 0.5% to 1% of estate value each year where the probate court requires surety on the guardian's bond. This is a national practice range, not a Rhode Island published rate, and no surety is required at all where the guardian is the ward's spouse, parent, child, sibling or other heir at law and the court is satisfied waiver is warranted (R.I. Gen. Laws § 33-17-1.3)
Annual accounting preparation: $500 to $2,500 per year where an accountant or attorney prepares the annual account and status report. This is a national practice range, not a Rhode Island published rate
Planning documents that avoid a court case: $150 to $400 for an attorney-drafted durable power of attorney and health care power of attorney. This is a national practice range, not a Rhode Island published rate, and it is the cheapest point in this entire table

Costs vary by city or town and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Rhode Island?

What are the alternatives to guardianship in Rhode Island?

Less restrictive alternatives in Rhode Island include The less restrictive alternative rule itself, Supported decision-making agreement, Durable power of attorney, Rhode Island statutory short form power of attorney. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Rhode Island guardianship process take?

Do I need a lawyer to file for guardianship in Rhode Island?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Rhode Island courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Rhode Island: what is the difference?

Statutes and sourcesOfficial references used for this page

Free attorney match

Talk to a probate attorney in Rhode Island

Tell us how to reach you and one local probate attorney will contact you, usually within one business day. Free to use, with no obligation.

Connect with an attorney

Settled Estate is not a law firm and does not give legal advice.

Information current as of August 2, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Rhode Island can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.