2023 -- H 6067

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LC002216

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- LIMITED GUARDIANSHIP

AND GUARDIANSHIP OF ADULTS

     Introduced By: Representatives Cortvriend, Spears, Dawson, Carson, Shallcross Smith,
and Ajello

     Date Introduced: March 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 33-15-47 of the General Laws in Chapter 33-15 entitled "Limited

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

     33-15-47. Forms.

The following forms shall be used for the purposes of this chapter:

STATE OF RHODE ISLAND PROBATE COURT OF THE

COUNTY OF _______________ ______________________

No. _________________

ESTATE OF ____________________________

PERSONAL ESTATE ESTIMATED AT $________ CITY/TOWN OF

________________

20 ____________

PETITION FOR LIMITED GUARDIANSHIP

OR GUARDIANSHIP

______________________hereby petitions the Probate Court of the city/town of ______________

Petitioner

to appoint a limited guardian/guardian for ______________ who currently resides at

________________________, in the city/town of __________________, and whose date of birth

Address

is __________________.

Based upon an assessment conducted by ________________ on ______________, which

Date

functional assessment reflects the current level of functioning of ______________, it has been

Respondent

determined that _____________ lacks decision-making ability in one or more of the following

Respondent

areas as indicated:

____ health care

____ financial matters

____ residence

____ association

____ other

Regarding each area indicated, please describe the specific assistance needed:

Indicate which of the following less restrictive alternatives to guardianship have been explored

and deemed inappropriate as indicated:

____ Durable Power of Attorney for Health Care

____ Living Will

____ Power of Attorney

____ Durable Power of Attorney

____ Trusts

____ Joint Property Arrangements

____ Representative Payee

____ Money Management

____ Single Court Transactions

____ Government Benefit and Social Service Programs

____ Housing Options

____ Supported Decision-Making, see chapter 66.13 of title 42

____ Other

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Please describe the basis for the determination that the alternative will not meet the needs of the

respondent for each alternative explored and deemed inappropriate:

The following individual/agency is willing to serve as guardian:

Upon information and belief the above individual/agency has:

□ No conflict of interest that would interfere with guardianship duties.

□ No criminal background that would interfere with guardianship duties.

□ The capacity to manage financial resources involved.

□ The ability to meet requirements of law and unique needs of individual.

□ Demonstrated willingness to undergo training.

The Respondent has the following heirs at law:

NAME: RESIDENCE:

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___________________________________

Signature

___________________________________

Name

___________________________________

Address

__________________________________

Telephone

Subscribed and sworn to before me this as to the truth of the above facts by ________ in ________

on the ________day of ________, 20____.

__________________________________

Notary Public

__________________________________

Print Name

DECREE

__________________ __________________

Dated PROBATE JUDGE

This notice should be served at once and returned to the clerk of the court.

NOTICE

STATE OF RHODE ISLAND

BY THE PROBATE COURT OF THE __________ OF ____________

BY THE COUNTY OF ______________ AND STATE AFORESAID

To ________________________

Estate or ______________

Docket No. _____________

GREETING:

A petition for Limited Guardianship/Guardianship has been filed in the Probate Court of the

city/town of _______________________.

_______________________________ has requested that the Probate Court appoint a limited

Petitioner

guardian/guardian for you.

A hearing regarding this Petition shall be held

On: ______________

date

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At: _______________

time

at the Probate Court for the town of .

______________________________________________________________________________

Address

______________________________________________________________________________

     The Petition requests that the Probate Court consider the qualification of the following

individual/agency to serve as your limited guardian/guardian:

______________________________________________________________________________

______________________________________________________________________________

     A guardian ad litem will be appointed by the Probate Court to visit you, explain the

process and inform you of your rights.

     You have the right to attend the hearing to contest the petition, to request that the powers

of the guardian be limited or to object to the appointment of particular individual/agency limited

guardian/ guardian. If you wish to contest the petition, you have the right to be represented by an

attorney, at state expense, if you are indigent.

     If the Petition is granted and a limited guardian/guardian is appointed, the Probate Court

may give the limited guardian/guardian the power to make decisions about one or more of the

following:

     Your health care; your money; where you live; and with whom you associate.

     Copies of this Notice will be mailed to:

     The administrator of any care or treatment facility where you live or receive primary

services; your spouse, and heirs at law; any individual or entity known to petitioner to be regularly

supplying protection services to you.

CERTIFICATION OF SERVICE

     I certify that I hand-delivered and read this Notice to __________________ on the

________ day of________, 20____.

___________________________________

Signature

___________________________________

Print Name

__________________________________

Address

CERTIFICATION OF NOTICE

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     I certify that, as required by Rhode Island General Laws § 33-15-17.1(e), I mailed a copy

of this Notice to the following persons, at the addresses listed, on the ________ day of ________,

20____.

__________________________________

Signature

___________________________________

Print Name

__________________________________

Address

     Subscribed and sworn to before me this ________ day of ________, 20____.

___________________________________

Notary Public

WITNESS

     Judge of the Probate Court of the ________ of ________ this ________ day of ________,

20____.

___________________________________

Clerk

DECISION-MAKING ASSESSMENT TOOL

     Name of Individual being assessed: Current Address:

     ______________________________ ______________________________

      ______________________________

     Date of Birth: Permanent Address (if different):

     ________________________ _________________________

      _________________________

Instructions for Completion

     This document will be used by a Probate Court to determine whether to appoint a

guardian to assist this individual in some or all areas of decision-making.

     This document has two parts. Please first complete the part which is right after these

instructions, titled Assessment. Then complete the second section, titled Summary.

     To a physician completing this document: The individual's treating physician must

complete this document. If there is any information of which the treating physician completing

this document does not have direct knowledge, he or she is encouraged to make such inquiries of

such other persons as are necessary to complete the entire form. Those persons might include

other medical personnel such as nurses, or other persons such as family members or social service

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professionals who are acquainted with the individual. If the physician has received information

from others in completing the form, the names of those individuals must be listed on the

Summary.

     To a non-physician completing this document: Professionals or other persons acquainted

with the individual being assessed may also complete this document. If there is information of

which a non-physician completing this document does not have knowledge, such non-physician

may either leave portions of the document blank, or also make inquiries or do such investigation

as is necessary to complete the entire document. Again, the names of any individual from whom

information is derived should be listed on the Summary.

     The document must be signed and dated by the person completing it. It does not need to be

notarized.

A. BIOLOGICAL ASSESSMENT

THE FOLLOWING IS BASED UPON A PHYSICAL EXAMINATION CONDUCTED BY ME

ON

__________________________

(DATE)

1. DIAGNOSIS and PROGNOSIS:

2. MEDICATION (PLEASE LIST):

How do the above medications, if any, affect the individual's decision-making ability? Please

explain:

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3. CURRENT NUTRITIONAL STATUS:

B. PSYCHOLOGICAL ASSESSMENT

1. MEMORY (CIRCLE ONE)

     (A) Intact; (B) Mild Impairment; (C) Moderate Impairment; (D) Severe Impairment

2. ATTENTION (CIRCLE ONE)

     (A) Intact; (B) Mild Impairment; (C) Shifting/Wandering; (D) Delirium; (E) Unresponsive

3. JUDGMENT (CIRCLE ONE)

     (A) Intact; (B) Able to Make Most Decisions; (C) Impaired; (D) Gross Impairment

4. LANGUAGE (CIRCLE ALL THAT APPLY)

     (A) Intact (B) Sensory Deficits (Hearing/Speech/Sight)

     (C) Impairment In Comprehension/Speech: Mild/Moderate/Severe

     (D) Completely Unresponsive

5. EMOTION (CIRCLE ALL THAT APPLY)

     (A) ANXIETY/DEPRESSION: (1) None (2) History of Anxiety/Depression

     (3) Moderate Symptoms of Anxiety/Depression

     (4) Severe symptoms with sleep/appetite/energy disturbance

     (5) Suicide/Homicidal

     (B) OTHER: (1) Suspiciousness/Belligerence/Explosiveness

     (2) Delusions/Hallucinations (3) Unresponsive

     If you circled any of the above, other than (A) or (1) for any of the above categories, please

explain whether the situation is treatable or reversible, and if so, how:

C. SOCIAL ASSESSMENT

1. MOBILITY (CIRCLE ALL THAT APPLY)

(A) Intact/Exercises (B) Drives Car Or Uses Public Transportation (C) Independent

Ambulation in Home Only; (D) Walker/Cane; (E) Requires Assistance

     If you circled (C), (D), or (E), is situation treatable or reversible? If so, how?

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2. SELF CARE (CIRCLE ALL THAT APPLY)

(A) No Assistance Needed;

(B) Requires Assistance with (1) Meals (2) Bathing (3) Dressing (4) Toileting/Feeding

If you circled any of (B), is individual aware that assistance is required? ___________________

Is individual willing to accept assistance? _____________________________________________

Is individual able to arrange for assistance? ____________________________________________

3. CARE PLAN MAINTENANCE (CIRCLE ALL THAT APPLY)

(A) No Active Problem; (B) Initiates Problem Identification; (C) Actively Cooperative;

(D) Passively Cooperative; (E) Passively Uncooperative; (F) Actively Uncooperative

4. SOCIAL NETWORK RELATIONSHIPS

(CIRCLE ONE IN (A) AND IN ONE IN (B))

     SUPPORT:

     (1) Very Good Supportive Network; (2) Some Support From Family And Friends; (3) No

Or Limited Support From Family/Friends; (4) Needs Community Support; (5)

Isolated/Homebound

     (B) SOCIAL SKILLS:

     (1) Very Good Social Skills; (2) Good Social Skills; (3) Interacts With Prompting; (4)

Isolated

D. SUMMARY

I hereby certify that I have reviewed sections A, B, & C attached hereto and based on such

assessments that the individual's decision-making ability is as follows:

(1) PLEASE DESCRIBE AS FULLY AS YOU CAN THE INDIVIDUAL'S DECISION-

MAKING ABILITY IN EACH OF THE FOLLOWING AREAS:

A. FINANCIAL MATTERS

B. HEALTH CARE MATTERS

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C. RELATIONSHIPS

D. RESIDENTIAL MATTERS

(2) PLEASE INDICATE YOUR OPINION REGARDING WHETHER THE INDIVIDUAL

NEEDS A SUBSTITUTE DECISION-MAKER IN ANY OF THE FOLLOWING AREAS:

(Circle one for each category. If you circle "limited" for any category, please explain.)

(1) FINANCIAL MATTERS Yes No Limited

(2) HEALTH CARE MATTERS Yes No Limited

(3) RELATIONSHIPS Yes No Limited

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(4) RESIDENTIAL MATTERS Yes No Limited

(5) OTHER: If there are any other areas in which you think the individual lacks decision-making

ability or has limited decision-making ability, please explain.

__________________________________

      Signature

_______________________________

Name (Print or Type)

______________________________

Title

______________________________

Date

______________________________

Names and titles of others who assisted in Preparation of This Assessment.

STATE OF RHODE ISLAND PROBATE COURT OF THE

COUNTY OF ___________________

Estate of ________________________ Docket No. ________________

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ANNUAL STATUS REPORT

(1) The residence of the ward is

(2) The medical condition of the ward is:

(3) I perceive the following changes in the decision making capacity of the ward:

(4) The following is a summary of the actions I have taken and decisions I have made on behalf of

the ward during the last year:

(If more space is needed, please attach a supplement).

__________________________

Guardian

__________________________

Date

STATE OF RHODE ISLAND PROBATE COURT OF

COUNTY OF _____________ THE _______________

(Estate Name)

Probate Court No. ______

REPORT OF THE GUARDIAN AD LITEM

     Now comes (Name of Guardian Ad Litem) for (Name of Proposed Ward) and reports that

on (Date), I personally visited the proposed ward at (Address). I explained to (Name of Proposed

Ward) the following:

     * The nature, purpose, and legal effect of the appointment of a guardian;

     * 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;

     * The name of the person known to be seeking appointment as guardian:

     Based on such visit and the respondent's reaction thereto, I make the following

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determination regarding the respondent's desire to be present at the hearing, to contest the

petition, to have limits placed on the guardian's powers and respondent's objection, if any, to a

particular person being appointed as guardian.

     Based on my review of the petition, the decision making assessment tool, my interview

with the prospective guardian, my visit with the respondent, and interviews and discussions with

other parties, I made the following additional determinations:

     Regarding whether the respondent is in need of a guardian of the type prayed for in the

petition:

     Regarding whether the guardian ad litem has, in the course of fulfilling his or her duties,

discovered information concerning the suitability of the individual or entity to serve as such

guardian:

Respectfully submitted,

     Date: ________________________ _______________________

(Name of Guardian Ad Litem)

     SECTION 2. This act shall take effect upon passage.

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LC002216

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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

***

     This act would provide that supported decision-making pursuant to chapter 66.13 of title

42 be added to the Limited Guardianship and Guardianship of Adults forms section as one of the

less restrictive alternatives to guardianship that have been explored.

     This act would take effect upon passage.

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LC002216

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