TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5
Mental Health Law

SECTION 40.1-5-36


§ 40.1-5-36 Guardians ad litem.

(a) At any hearing hereunder or upon application thereto, the district court or family court in the case of a patient under eighteen (18) years of age may appoint guardians ad litem to represent any patient in matters concerning the provisions of this chapter. It shall be the duty of the guardian ad litem to make an investigation of the facts, and to report the facts to the court with his or her recommendations if any.

(b) The guardian ad litem shall be paid for his or her services, in an amount to be approved by the court, and the guardian ad litem's services shall be paid from the estate of the patient, or if so ordered by the court, shall be paid by the state, and reimbursement shall be had by the state from the estate and assets of the patient, in the same manner as reimbursement for care and treatment is had by the state.

(c) A party aggrieved by a final order of the court may seek review thereof in the supreme court by writ of certiorari in accordance with the procedures contained in § 42-35-16.

History of Section.
(P.L. 1966, ch. 100, § 1; G.L. 1956, § 40-20-22, Reorg. Plan No. 1, 1970; G.L. 1956, § 40.1-5-22; P.L. 1974, ch. 119, § 1; P.L. 1976, ch. 140, § 19.)