TITLE 33
Probate practice and procedure

CHAPTER 33-15
Limited Guardianship and Guardianship of Adults

SECTION 33-15-44


§ 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. 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.

History of Section.
(C.P.A. 1905, § 1077; G.L. 1909, ch. 321, § 37; G.L. 1923, ch. 372, § 36; G.L. 1938, ch. 426, § 36; G.L. 1956, § 33-15-44; P.L. 1985, ch. 156, § 1; P.L. 1987, ch. 122, § 1; P.L. 1988, ch. 380, § 1.)