S2283

	2014 -- S 2283
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	LC003617
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2014
	____________
	A N A C T
	RELATING TO PROBATE PRACTICE AND PROCEDURE - LIMITED GUARDIANSHIP
	AND GUARDIANSHIP OF ADULTS

	Introduced By: Senators Metts, McCaffrey, Ciccone, Ruggerio, and Goodwin
	Date Introduced: February 04, 2014
	Referred To: Senate Judiciary
	It is enacted by the General Assembly as follows:
1	SECTION 1. Chapter 33-15 of the General Laws entitled "Limited Guardianship and
2	Guardianship of Adults" is hereby amended by adding thereto the following section:
3	33-15-48. The Guardian Health Care Directive Act. – (a) Any legally appointed
4	guardian, whether acting in a temporary or permanent capacity, is under duty to file the durable
5	power of attorney for health care and/or living will of their appointed ward, with either the
6	probate court or the United States Department of Veteran's Affairs, within thirty (30) days of
7	his/her appointment.
8	(b) Any legally appointed guardian is to actively inquire of any agent named within the
9	durable power of attorney for health care and/or living will, as to the wishes of the ward within
10	their charge and named within said document and is then required to report his/her findings to the
11	appointed authority.
12	(c) Any legally appointed guardian is to be bound by any and all statements contained
13	within the durable power of attorney for health care and/or living will, of the ward within their
14	charge, and/or any additional directions given to the agent named therein.
15	SECTION 2. This act shall take effect upon passage.
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	LC003617
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO PROBATE PRACTICE AND PROCEDURE - LIMITED GUARDIANSHIP
	AND GUARDIANSHIP OF ADULTS
	***
1	This act would require that guardians file Durable Power of Attorney for Health Care
2	and/or a living will within thirty (30) days of their appointment, and they are bound to carry out
3	this document.
4	This act would take effect upon passage.
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	LC003617
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