When an adult can no longer make decisions for themselves due to cognitive decline, such as Dementia, disability, or other incapacity, Guardianship may be necessary to ensure their well-being. The Guardianship process in Rhode Island is Court-supervised and requires legal steps to establish someone as a Guardian for an adult. If you seek a lawyer for adult Guardianship in Rhode Island, understanding your options can help you make informed decisions for your loved one.
What Is Guardianship?
Guardianship is a legal process where the Court appoints a legal Guardian for an adult or minor. In the case of adult Guardianship, this is generally an individual who the Probate Court determines is incapable of managing their own financial, medical, or personal affairs. This often applies to individuals who:
- Have been diagnosed with Alzheimer’s or Dementia
- Suffer from a developmental or intellectual disability
- Have experienced a traumatic brain injury or stroke
- Are incapacitated due to severe mental illness
A Guardianship petition is filed by a proposed Guardian, typically a family member, close friend, or legal representative, requesting authority to make decisions on behalf of the individual in need (the Ward).
How to Establish Guardianship of a Parent or Other Adult
The process of obtaining adult Guardianship involves several legal steps, including:
Filing a Petition – The proposed Guardian submits a formal petition to the Rhode Island Probate Court, outlining the need for Guardianship.
Providing Medical Evidence – A licensed physician must confirm that the individual lacks the capacity to make decisions for themselves.
Court Hearing – The Court reviews evidence, listens to testimonies, and determines whether Guardianship is the best solution.
Annual Reporting Requirements – Once Guardianship is granted, the Guardian must file annual financial and status reports to ensure the Ward’s assets and best interest is protected.
Read our in-depth article: How to Get Guardianship of an Adult in Rhode Island
Types of Guardianship in Rhode Island
Not all Guardianships are the same. Depending on the individual’s needs, the Court may grant different levels of authority:
Full Guardianship – The Guardian assumes complete decision-making authority over personal, financial, and healthcare matters.
Limited Guardianship – The Guardian is responsible only for certain aspects, such as managing finances or healthcare decisions.
Emergency Guardianship – Temporary Guardianship granted when an individual is in immediate danger.
Alternatives to Guardianship
Since Guardianship removes a person’s right to make independent decisions, our team members (and Rhode Island Courts) opt for less restrictive alternatives if feasibly and legally possible. Throughout our evaluation process, we identify and recommend alternatives to Guardianship where appropriate. These alternatives may include:
Durable Power of Attorney – Allows a trusted individual to handle financial and legal matters.
Healthcare Power of Attorney – Grants someone the authority to make medical decisions for an individual.
Living Trusts – Ensures financial assets are managed pursuant to the Trust without Court intervention.
Supported Decision-Making – Provides assistance while maintaining the person’s autonomy.
Need a Lawyer for Adult Guardianship in Rhode Island?
At McCarthy Law, we understand that making the decision to seek Guardianship is never easy. Our experienced attorneys help families navigate the Rhode Island Guardianship process with compassion and legal expertise.
Fill out the form below to learn how we can help you apply for Guardianship of a parent or vulnerable adult in Rhode Island.
About 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.