2015 -- S 0270

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LC000812

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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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 11, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 33-15 of the General Laws entitled "Limited Guardianship and

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Guardianship of Adults" is hereby amended by adding thereto the following section:

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     33-15-48. The Guardian Health Care Directive Act. – (a) Any legally appointed

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guardian, whether acting in a temporary or permanent capacity, is under duty to file the durable

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power of attorney for health care and/or living will of their appointed ward, with either the

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probate court or the United States Department of Veteran's Affairs, within thirty (30) days of

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his/her appointment.

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     (b) Any legally appointed guardian is to actively inquire of any agent named within the

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durable power of attorney for health care and/or living will, as to the wishes of the ward within

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their charge and named within said document and is then required to report his/her findings to the

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appointed authority.

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     (c) Any legally appointed guardian is to be bound by any and all statements contained

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within the durable power of attorney for health care and/or living will, of the ward within their

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charge, and/or any additional directions given to the agent named therein.

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     SECTION 2. This act shall take effect upon passage.

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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

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     This act would require that legally appointed guardians, whether temporary or permanent,

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file for their ward, a durable power of attorney for health care and/or a living will within thirty

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(30) days of their appointment. Further they would be mandated to determine the wishes of their

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ward and to follow those wishes as expressed in those documents.

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     This act would take effect upon passage.

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