Title 33
Probate Practice and Procedure

Chapter 15
Limited Guardianship and Guardianship of Adults

R.I. Gen. Laws § 33-15-5

§ 33-15-5. Hearing.

No limited guardian or guardian shall be appointed until after a hearing on the petition. The hearing shall be before a judge of the probate court of the city or town where the petition was filed.

(1) The respondent shall have the right to be present at the hearing and all other stages of the proceedings.

(2) The respondent shall be allowed to:

(i) Compel the attendance of witnesses;

(ii) Present evidence; and

(iii) Confront and cross examine witnesses.

(3) The standard of proof shall be clear and convincing evidence.

(4) The Rhode Island rules of evidence shall apply.

(5) Any professional whose training and experience aid in the assessment of decision making ability and who has so assessed the respondent may be permitted to provide expert testimony regarding the decision making assessment of the respondent.

History of Section.
P.L. 1992, ch. 493, § 4; P.L. 2007, ch. 417, § 1.