(a)  Upon issuance of a provisional or temporary order in another state to transfer a guardianship or conservatorship to this state under provisions similar to those in §?33-15.2-301, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship.

The petition must include a certified copy of the other state’s provisional or temporary order and relevant file documents.

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Terms Used In Rhode Island General Laws 33-15.2-302

  • Conservator: means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 15 of Title 33. See Rhode Island General Laws 33-15.2-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 15 of Title 33. See Rhode Island General Laws 33-15.2-102
  • Incapacitated person: means an adult for whom a guardian has been appointed. See Rhode Island General Laws 33-15.2-102
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government or governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Rhode Island General Laws 33-15.2-102
  • Protected person: means an adult for whom a protective order has been made. See Rhode Island General Laws 33-15.2-102
  • Protective order: means an order appointing a conservator or another court order related to management of an adult's property. See Rhode Island General Laws 33-15.2-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 33-15.2-102

(b)  Notice of a petition under subsection (a) to accept a guardianship or conservatorship from another state must be given by the petitioner to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the manner required by chapters 15 of title 33 and 22 of title 33.

(c)  The court shall hold a hearing on a petition filed pursuant to subsection (a) to accept a guardianship or conservatorship from another state.

(d)  If the court is satisfied with the documentation and evidence presented, the petition filed under subsection (a) shall be granted, unless an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person.

(e)  No later than ninety (90) days after issuance of a permanent order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

(f)  In approving a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person‘s incapacity and the appointment of the guardian or conservator, if the guardian or conservator is eligible to act in this state, and the determination of the need for a guardian or conservator conforms to the law of this state.

(g)  The denial of a petition filed under subsection (a) of this section to accept a guardianship or conservatorship from another state does not affect the ability of a guardian or conservator appointed by a court in another state to seek appointment as guardian of the incapacitated person or conservator of the protected person under chapter 15 of this title.

History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.