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How to Get Guardianship of an Adult in Rhode Island

/ Estate Planning & Administration, Guardianship / By

Many assume Guardianship only applies to minors when parents are unable to care for them. While this is a common reason for a Guardianship to be put in place, there are circumstances in which a Guardianship may be obtained for an adult. Guardianship is available for adults with diminished capacity who require assistance managing their affairs, whether it be financial affairs, healthcare affairs, relationship affairs and/or residence affairs.

What is Adult Guardianship?

Adult Guardianship is the legal process in which a court appoints a Guardian to make decisions on behalf of an individual (the Ward) who cannot do so due to cognitive impairments, disabilities, or medical conditions. The Guardian is responsible for ensuring the Ward’s essential requirements for their physical health and safety, protecting their rights, managing their financial resources, and developing or regaining their abilitieis to the maximum extent possible all within their best interest.

Steps to Petition for Guardianship in Rhode Island

If the individual needing Guardianship resides in Rhode Island, you can likely petition the Probate Court which includes the following steps:

  1. Obtain Medical Documentation
    • Before Guardianship can be granted, medical documentation must be submitted.
    • The Ward’s attending physician must complete the Decision-Making Assessment Tool (DMAT), which provides details about the individual's medical condition and the necessity of Guardianship from the medical professional’s opinion.
  2. File a Petition with the Probate Court
    • A petition must be submitted requesting the appointment of a legal Guardian.
    • The petition must include an indication of less restrictive alternatives to Guardianship that have been explored and deemed inappropriate to ensure that the deprivation of the person’s civil and legal rights through incapacity is wholly necessary.
  3. Guardian Ad Litem Appointment
    • The court appoints a Guardian ad Litem, a neutral representative who investigates and advocates for the best interest of the Ward, who is unable to represent themselves.
    • The Guardian ad Litem may review Court and medical documentation, meet with family members, caregivers, and other close parties, and consult with relevant professionals. Once they have completed their investigation, the Guardian ad Litem submits their report with recommendations to the Court based on the Ward’s best interests.
  4. Attend a Court Hearing
    • The Probate Judge will review the Petition, DMAT, and Guardian ad Litem’s report to make a determination if a Guardianship is appropriate.
    • The proposed Guardian and the Ward may speak before the Judge.
    • The Ward must be served with notice of the hearing and has the right and opportunity to attend the hearing.
  5. Judge’s Decision
    • The judge considers all evidence, including, but not limited to:
      • Medical evidence
      • Testimonies from the Guardian, Ward, and Guardian ad Litem
    • If Guardianship is deemed necessary, the Judge issues an order appointing the Guardian.

A Rhode Island Guardianship Lawyer Can Help

From Court filings to building a case for the Judge’s review, applying for Guardianship can be a significant undertaking. A Rhode Island Guardianship Attorney can help guide you through the process and ensure that your loved one’s best interests are protected while advocating for the least restrictive arrangement necessary. 

At McCarthy Law, we take a client-centered approach, prioritizing the unique needs of each family we serve. We understand that Guardianship is more than just a legal process—it’s about ensuring the well-being, safety, and dignity of your loved one. Our team is committed to providing compassionate guidance and tailored solutions, whether you are petitioning for Guardianship or are exploring less restrictive alternatives like Powers of Attorney or Trusts.

If you’re looking to petition a Court for Adult Guardianship of an individual in Rhode Island schedule a free Discovery Call now to learn how we can help.

 

Image of Rhode Island Guardianship Attorney Daphne HamiltonAbout the Author

Daphne Hamilton, Esq. is a compassionate Adult Guardianship Lawyer in Rhode Island. Dedicated to empowering families with the ability to make informed decisions, she provides thoughtful support to clients throughout Rhode Island, Massachusetts, and Connecticut.

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