TITLE 33
Probate practice and procedure

CHAPTER 33-15
Limited Guardianship and Guardianship of Adults

SECTION 33-15-37


§ 33-15-37 Support of dependents for whom ward has no legal obligation to provide.

Whenever a limited guardian or guardian or a conservator of the estate of any person is appointed by any court in this state and the person has, prior to the appointment of the limited guardian or guardian or conservator, provided for any other person out of his or her estate, whom the ward was not under legal obligations to support or provide for, and where it appears that the ward would have continued support or provision if the limited guardian or guardian or conservator had not been appointed, the superior or probate court, upon complaint filed by the person who received the support or provision or by the limited guardian or guardian or conservator, may authorize the limited guardian or guardian or conservator to continue to make allowances out of the estate of the ward, as the court in its sound discretion deems the ward would have made if a limited guardian or guardian or conservator had not been appointed. Provided, however, that the court shall not exercise this power in cases where the ward has prior to the appointment of a limited guardian or guardian or conservator expressly declared or requested that these powers shall not be exercised by the court. In granting the authority, the court may impose conditions or restrictions and, give such directions as it may deem advisable.

History of Section.
(G.L., ch. 372, § 44, as enacted by P.L. 1923, ch. 475, § 1; G.L. 1938, ch. 426, § 38; G.L. 1956, § 33-15-37; P.L. 1992, ch. 493, § 3; P.L. 1996, ch. 110, § 9.)