Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 33-15-5
- Cross examine: Questioning of a witness by the attorney for the other side.
- 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.
- Probate: Proving a will
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9