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When a Court Appoints a Guardian

R.I. Gen. Laws § 33-15-5 — a hearing first, the right to be there, and clear and convincing evidence

Anyone may petition the probate court where the person lives. The petition states whether, on a decision making assessment, the person needs a limited guardian in some areas or a full guardian in all, and what less restrictive alternatives were tried.

  • R.I. Gen. Laws § 33-15-2
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  • No guardian is appointed until after a hearing before a probate judge.
  • The person has the right to be present at the hearing and every stage.
  • The person may compel witnesses, present evidence and cross examine.
  • The standard of proof is clear and convincing evidence, under the rules of evidence.

A particular petition is a question for a licensed Rhode Island attorney.

Sources for this section (2)
  1. R.I. Gen. Laws § 33-15-2 — Petition for appointment of a limited guardian or guardian
  2. R.I. Gen. Laws § 33-15-5 — Hearing

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Rhode Island attorney.

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