2017 -- H 5444

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LC001260

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PROBATE PRACTICE - LIMITED GUARDIANSHIP AND

GUARDIANSHIP OF ADULTS

     Introduced By: Representatives McEntee, Craven, McKiernan, and O'Brien

     Date Introduced: February 09, 2017

     Referred To: House Judiciary

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 33-15-7 of the General Laws in Chapter 33-15 entitled "Limited

Guardianship and Guardianship of Adults" is hereby amended to read as follows:

     33-15-7. Guardians ad litem -- Duties -- Legally incapacitated respondents right to

counsel -- Termination of appointment of guardian ad litem.

     (a) Upon filing with the probate court clerk of a petition for the appointment of a

guardian, a guardian ad litem shall be appointed for each respondent only in the proceeding for

guardianship of an adult.

     (b) The guardian ad litem need not be an attorney but shall have sufficient experience

and/or training in dealing with elderly persons and persons with incapacities and/or disabilities

and understanding of his or her role as guardian ad litem to be able to properly discharge such

duties under subsection (c) below. Each probate court shall maintain a list of persons deemed

qualified to serve as a guardian ad litem and shall appoint from that list on a rotating basis. Any

guardian ad litem appointed for a respondent shall be ineligible to serve as legal counsel,

temporary guardian or permanent guardian for that respondent.

     (c) The duties of a guardian ad litem shall include all of the following:

     (1) Personally visiting the respondent;

     (2) Explaining to the respondent the nature, purpose, and legal effect of the appointment

of a guardian;

     (3) Explaining to the respondent the hearing procedure, including, but not limited to, the

right to contest the petition, to request limits on the guardian's powers, to object to a particular

person being appointed guardian, to be present at the hearing, and to be represented by legal

counsel;

     (4) Informing the respondent of the name of the person known to be seeking appointment

as guardian;

     (5) Reviewing the decision making assessment tool(s), petition for guardianship/limited

guardianship, and the notice;

     (6) Interviewing the prospective guardian by telephone or in person; and

     (7) Making determinations, and informing the court of those determinations, on all of the

following:

     (i) Whether the respondent wishes to be present at the hearing.

     (ii) Whether the respondent wishes to contest the petition.

     (iii) Whether the respondent wishes limits placed on the guardian's powers; and

     (iv) Whether the respondent objects to a particular person being appointed guardian;

     (v) Whether the respondent wishes to be represented by legal counsel.

     Unless waived by the court, at least three (3) days prior to the hearing, the guardian ad

litem shall file a report substantially in the form as set forth in § 33-15-47 with the court and shall

mail or hand deliver a copy to each attorney of record.

     (d) If 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 guardian, and, if legal counsel has not

been secured, the court shall appoint legal counsel.

     (e) If the respondent requests legal counsel, or if the guardian ad litem determines it is in

the best interest of the respondent to have legal counsel, and if legal counsel has not been secured,

the court shall appoint legal counsel.

     (f) If the respondent has legal counsel independently or appointed pursuant to subsection

(d) or (e), the appointment of a guardian ad litem shall terminate except insofar as informing the

court of the respondent's wishes and objections determined pursuant to subsection (c) above.

     (g) The guardian ad litem shall not interfere with interested parties and their counsel in

gathering and presenting evidence according to court orders and rules of discovery and evidence.

The guardian ad litem may be called and confronted as a witness regarding his or her conclusions

as submitted by report and the extent of his or her personal knowledge concerning the respondent.

     (h) Court awarded guardian ad litem fees shall not exceed four hundred dollars ($400)

eight hundred dollars ($800) which shall be paid by the petitioner for guardianship if a permanent

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guardian is not appointed for the respondent or by the guardian of the ward's estate if a permanent

guardian is appointed. The court has discretion to award guardian ad litem fees in excess of the

cap if the circumstances warrant.

     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 - LIMITED GUARDIANSHIP AND

GUARDIANSHIP OF ADULTS

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     This act would increase the maximum fee for guardian ad litem in proceedings for

guardianship/limited guardianship from four hundred dollars ($400) to eight hundred dollars

($800).

     This act would take effect upon passage.

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