Rhode Island Temporary Guardianship Agreement
R.I. ch. 33-15.1 has no out-of-court agreement; the statutory non-parent route is probate court.
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Introduction
This page offers a private written statement of the arrangement, signed by a parent. Chapter 33-15.1 creates no parent-signed delegation or caregiver affidavit. It is not a court guardianship, does not transfer custody, and does not change parental rights.
Key Things to Know
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Rhode Island's guardianship-of-minors chapter, R.I. Gen. Laws ch. 33-15.1, creates no parent-signed temporary guardianship agreement or caregiver affidavit. The statutory route there for a non-parent is a probate-court guardian (33-15.1-5). A parent can sign a private written statement of the arrangement, which is not a statutory delegation.
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Chapter 33-15.1 sets no term or renewal for an out-of-court arrangement, because it creates none. A probate-court temporary guardian under 33-15.1-15 holds office until the question of appointment of a guardian is decided or the probate court discharges the guardian, with no day or month cap in that section.
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Chapter 33-15.1 sets no execution formalities for an out-of-court instrument, because it creates none. The baseline is that the father and mother are joint natural guardians with equal rights, and neither has a right paramount to the other concerning custody (33-15.1-1(a)). A probate or other court order supersedes natural guardianship insofar as it is inconsistent.
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For school, 16-64-1 treats a child as a resident of the city or town where the child lives with a legal guardian, natural guardian, or other person acting in loco parentis, when parents are unable to care for the child because of parental illness or family break-up. A party alleging a residence change due to parental illness or family break-up bears the burden of proof by a preponderance (16-64-3).
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For medical care, 23-4.6-1 lets a person 16 or over or married consent to routine, emergency, medical or surgical care, and lets a minor parent consent to treatment of his or her child. It gives no consent route for a non-parent caregiver of a child under 16. A written parent statement does not create one, and this page does not promise that any school or provider will accept it.
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A written parent statement is not a court guardianship. It does not transfer custody and does not change or end either parent's rights. A probate court may appoint a guardian of a minor under 14, and a minor 14 or over may nominate his or her own guardian, who is appointed if approved by the probate court (33-15.1-5). The court may remove a guardian who becomes incapable or neglects duties (33-15.1-37).
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If the child needs a school, medical or longer-term arrangement that a written statement cannot give, consider the probate court of the city or town where the minor resides or has legal settlement (33-15.1-4). A probate guardianship does not change school residence unless the child takes up residence with the guardian and the guardian was appointed for a substantial reason other than changing school systems (16-64-4). A temporary guardian under 33-15.1-14 is available only while a guardianship application or appeal is pending; it has care and custody of the ward's person and must give bond (33-15.1-16). DocDraft's guardianship-of-a-minor-petition page covers the petition. For abuse or danger to a child, contact the Rhode Island child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Rhode Island Requirements for Temporary Guardianship Agreement
No Delegation Under Chapter 33-15.1
Rhode Island's guardianship-of-minors chapter, R.I. Gen. Laws ch. 33-15.1, creates no parent-signed delegation and no caregiver affidavit.
Joint Natural Guardians
The father and mother are the joint natural guardians of their minor children, with equal rights; a probate or other court order supersedes natural guardianship insofar as inconsistent (33-15.1-1(a)).
School Residency Rule
A child living with a legal guardian, natural guardian, or other person acting in loco parentis, where parents are unable to care for the child because of parental illness or family break-up, is a resident of that city or town (16-64-1).
Medical Consent Limits
A person 16 or over or married may consent to routine, emergency, medical or surgical care, and a minor parent may consent to treatment of his or her child; no non-parent caregiver consent route for a child under 16 is given (23-4.6-1).
Probate-Court Temporary Guardian
Pending a guardianship application or appeal, a probate court may appoint a temporary guardian of the person and estate; the temporary guardian must give bond (33-15.1-14, 33-15.1-16).
No Fixed Court Term
A temporary guardian holds office until the guardianship question is decided or the probate court discharges the guardian; no day or month cap appears in the section (33-15.1-15).
Who May Be Appointed
A probate court may appoint a guardian of a minor under 14; a minor 14 or over may nominate his or her own guardian, subject to probate court approval (33-15.1-5).
Parent Statement Not a Delegation
The document is a private parent statement of the arrangement. It is not a court guardianship, does not transfer custody, and does not change either parent's rights.
Parent Remains Reachable for Medical Consent
The statement records that the parent remains reachable and will be asked to consent where a provider requires a parent's consent.