TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-23
Parental Succession – Persons with Developmental Disabilities

SECTION 40.1-23-3


§ 40.1-23-3 Methods of appointment.

(a) A parental successor may be designated by an acknowledged document in a form to be prescribed by the department of mental health, retardation, and hospitals, by the last will and testament of the person or persons having the right to make the nomination, or by formal appointment by the probate court in the city or town in which the petitioner or at least one of several petitioners reside.

(b) Court appointment shall be by petition heard ex parte as a probate matter without notice, unless required by the court. Any designation or appointment of a parental successor may also designate or appoint one or more eligible persons or organizations to serve as successors to the first named parental successor in the event of the unwillingness, inability, incapacity, or resignation of the first parental successor.

History of Section.
(P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-3; P.L. 1979, ch. 39, § 1.)