2016 -- S 2704

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LC004392

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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 - LIMITED GUARDIANSHIP

AND GUARDIANSHIP OF ADULTS

     

     Introduced By: Senator Harold M. Metts

     Date Introduced: March 08, 2016

     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 Veterans' Affairs, within thirty (30) days of their

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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 their findings to the

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appointing 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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LC004392

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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 a durable power of attorney for health care and/or a living will on behalf of their ward within

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

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their 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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LC004392

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