(a)  A limited guardian or guardian with authority to make decisions regarding the ward’s estate, shall return to the probate court, in every year, his or her account, in the same manner as executors and administrators are by law required to do. The probate court shall monitor each limited guardianship or guardianship file. If the court finds that an annual accounting has not been filed, the court shall cite the limited guardian or guardian and demand that an accounting be filed within thirty (30) days. If the limited guardian or guardian fails to comply with the citation for thirty (30) days, without sufficient excuse, the limited guardian or guardian shall be accountable for the full value of the estate and property of his or her ward over which he or she had authority, and shall have no compensation; but the court may, upon the application of the limited guardian or guardian, excuse him or her from rendering an account in any year if satisfied that it is not necessary or expedient that it should be rendered.

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Terms Used In Rhode Island General Laws 33-15-26

  • 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.
  • Probate: Proving a will

(b)  Notwithstanding any provision of the general laws to the contrary, no municipality, its officers, and/or employees, individually or otherwise, shall be held civilly liable for failure to monitor guardianship estates.

History of Section.
C.P.A. 1905, § 1066; G.L. 1909, ch. 321, § 26; G.L. 1923, ch. 372, § 25; G.L. 1938, ch. 426, § 25; G.L. 1956, § 33-15-26; P.L. 1992, ch. 493, § 3; P.L. 1995, ch. 274, § 1; P.L. 2011, ch. 363, § 8.