2016 -- H 7004

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LC003365

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE-PETER FALK BILL

     Introduced By: Representatives Kennedy, Craven, Ruggiero, Serpa, and Naughton

     Date Introduced: January 06, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 33-15-1, 33-15-29 and 33-15-44 of the General Laws in Chapter

33-15 entitled "Limited Guardianship and Guardianship of Adults" are hereby amended to read as

follows:

     33-15-1. Legislative intent. -- The legislature general assembly finds that adjudicating a

person totally incapacitated and in need of a guardian deprives that person of all his or her civil

and legal rights and that this deprivation may be unnecessary. The general assembly further finds

and declares that every adult in this state has the right to visit with, and receive mail and

telephone or electronic communication from whomever they choose, unless a court has

specifically ordered otherwise. The legislature general assembly further finds that it is desirable to

make available, the least restrictive form of guardianship to assist persons who are only partially

incapable of caring for their needs. Recognizing that every individual has unique needs and

differing abilities, the legislature general assembly declares that it is the purpose of this act

chapter to promote the public welfare by establishing a system that permits incapacitated persons

to participate as fully as possible in all decisions affecting them; that assists such persons in

meeting the essential requirements for their physical health and safety, in protecting their rights,

in managing their financial resources, and developing or regaining their abilities to the maximum

extent possible; and that accomplishes these objectives through providing, in each case, the form

of assistance that least interferes with the legal capacity of a person to act in his or her own

behalf. This chapter shall be liberally construed to accomplish this purpose.

     33-15-29. General duties of limited guardians or guardians with respect to person

and estate. -- Every limited guardian or guardian with authority to make decisions with respect to

the person of his or her ward shall exercise authority in the best interest of his or her ward. Every

limited guardian or guardian with authority to make decisions with respect to the estate of his or

her ward shall manage the estate frugally, without waste, and shall apply the income and profits

from the estate, or so much thereof as may be necessary and proper, to the support and

maintenance of the ward and his or her household and family. Unless specifically authorized by

court order, a limited guardian or a guardian shall not restrict the personal rights of the ward,

including, but not limited to, the right to receive visitors, telephone calls and personal mail.

     33-15-44. Conservator for incompetent person -- Disability to contract. -- If a person,

by reason of disability or upon his or her own election, is unable to properly care for his or her

property, the probate court of the town in which he or she resides, upon his or her petition, or the

petition of one or more of his or her relatives or friends, may appoint a conservator of his or her

property. Upon the filing of the petition, the court shall appoint a time and place for a hearing,

and shall cause at least fourteen (14) days' notice of the hearing to be given to the person for

whom a conservator is to be appointed if he or she is not the petitioner. If, at the hearing, it

appears that the person is incapable of properly caring for his or her property, a conservator shall

be appointed, who shall have the charge and management of the property of the person subject to

the direction of the court. Unless specifically authorized by court order, a conservator shall not

restrict the personal rights of the ward, including, but not limited to, the right to receive visitors,

telephone calls, and personal mail. No person convicted of a felony offense involving a charge of

forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion,

conspiracy to defraud, burglary, breaking and entering, or any other offense involving fraud or

theft shall be qualified for appointment as a conservator. The conservator may be discharged by

the probate court upon the application of the ward, or otherwise, when it appears that the

conservatorship is no longer necessary. After the filing of the petition, the person shall be under

the same disability to contract as a person for whom an application for guardianship has been

made is under by virtue of the provisions of § 33-15-13.

     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-PETER FALK BILL

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     This act would provide that unless a limited guardian, guardian or conservator is

specifically authorized by court order, the limited guardian, guardian or conservator may not

restrict the personal rights of the ward, including, but not limited to, the right to receive visitors,

telephone calls, and personal mail.

     This act would take effect upon passage.

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