Adult Guardianship in Rhode Island
Reviewed by DocDraft Legal Team - Rhode Island - Last updated October 9, 2026
In Rhode Island there is no statewide probate court: the municipal probate court of the city or town where the proposed ward resides, or where an out-of-state proposed ward has property, hears a verified petition for a limited guardian or guardian under R.I. Gen. Laws chapter 33-15 (sections 33-15-2 and 33-15-3). The petition must be filed with a decision-making assessment tool completed by the respondent's primary care physician, if one exists and is available, otherwise by a physician who has examined and treated the respondent, unless the court excuses it on a temporary guardianship petition in extraordinary or emergency circumstances and upon the provision of other competent evidence (section 33-15-4). The standard of proof is clear and convincing evidence (section 33-15-5). A guardian ad litem is appointed for each respondent in the proceeding for guardianship of an adult, and the respondent must be served in person at least 14 days before any hearing on the petition, or 5 days for a temporary guardianship unless the court orders shorter (sections 33-15-7 and 33-15-17.1).
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What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Rhode Island?
The court authorizes a guardian to decide only in areas where it finds, based on one or more decision making assessment tools, that the individual lacks the capacity to make decisions. The standard of proof is clear and convincing evidence. The court must not appoint one if a less restrictive alternative meets or can meet the needs.
Which court and which form start an adult guardianship in Rhode Island?
A verified petition for the appointment of a guardian is filed with the probate court clerk in the city or town where the proposed ward resides, or where an out-of-state proposed ward has property. Rhode Island has statutory forms in section 33-15-47, including the petition. Ask the probate clerk whether any local requirements apply.
Does Rhode Island require a doctor's report for an adult guardianship?
Yes. A decision-making assessment tool (section 33-15-47 form) must be filed with the petition. The respondent's primary care physician completes it if one exists and is available, otherwise a physician who has examined and treated the respondent. The court may excuse it only on a temporary guardianship petition in extraordinary or emergency circumstances, on other competent evidence.
What rights does the person have in a Rhode Island guardianship case?
The respondent must be served in person with the notice and a copy of the petition at least 14 days before any hearing (5 days for a temporary guardianship unless the court orders shorter), and may be present, compel witnesses, present evidence and cross-examine. A guardian ad litem is appointed for every adult respondent; the court appoints counsel in the situations section 33-15-7 describes.
Rhode Island's municipal probate courts, assessment tool and guardian ad litem
Rhode Island uses its own vocabulary and forum. The role is a guardian, either plenary ("full") or limited, for an adult who is called the respondent, proposed ward or ward, and the case is heard by the probate court of the city or town where the proposed ward resides, not by a state or county court (R.I. Gen. Laws sections 33-15-2 and 33-15-3). The forms are written into the statute itself at section 33-15-47: the petition, the notice to the respondent with certifications of service and notice, the decision-making assessment tool, the guardian ad litem report and the annual status report. The court may appoint a guardian only in areas where it finds, based on one or more decision making assessment tools, that the individual lacks the capacity to make decisions, and the standard of proof is clear and convincing evidence (sections 33-15-4 and 33-15-5). One assessment tool must be completed by the respondent's primary care physician, if one exists and is available, otherwise by a physician who has examined and treated the respondent, and it is filed with the petition; the court may excuse it only on a temporary guardianship petition in extraordinary or emergency circumstances, on other competent evidence. A guardian ad litem, who need not be an attorney, is appointed for each respondent in the proceeding for guardianship of an adult and must personally visit the respondent (section 33-15-7). The respondent is served in person at least 14 days before any hearing, or 5 days for a temporary guardianship unless the court orders shorter, by a licensed process server (section 33-15-17.1). If counsel has not been secured, the court appoints counsel when the respondent wishes to contest the petition, to have limits placed on the guardian's powers, or to object to a particular person being appointed guardian, or when the respondent requests counsel or the guardian ad litem determines counsel is in the respondent's best interest. Unlike many states, Rhode Island requires bond from guardians of the person as well as the estate, with a possible surety waiver for family members.
Relevant Laws
R.I. Gen. Laws 33-15-3 and 33-15-2 (Probate court jurisdiction and petition)
The probate court in each city or town may appoint or approve limited guardians or guardians of individuals who reside or have a legal settlement within the city or town; any person may file a verified petition with the probate court clerk where the proposed ward resides or where an out-of-state proposed ward has property.
R.I. Gen. Laws 33-15-4 and 33-15-5 (Assessment tool, alternatives, standard of proof)
Requires a decision making assessment tool filed with the petition, bars appointment where the needs are being met or can be met by a less restrictive alternative, limits the guardian to areas of found incapacity, and sets the standard of proof at clear and convincing evidence, with the respondent's right to be present.
R.I. Gen. Laws 33-15-7 and 33-15-17.1 (Guardian ad litem, counsel and notice)
Provides for a guardian ad litem for each adult respondent, appointment of counsel in the stated circumstances, and in-person service on the respondent at least 14 days before any hearing, with mailed notice at least 10 days before the hearing; for a temporary guardianship both periods are 5 days unless the court orders shorter.
R.I. Gen. Laws 33-15-47 (Statutory forms)
Sets out the statutory forms, including the petition, notice to the respondent, decision-making assessment tool, guardian ad litem report and annual status report. Individual city and town probate courts may have their own requirements, so ask the clerk.
Regional Variances
Rhode Island adult guardianship requirements
Court
Municipal probate court of the city or town where the proposed ward resides, or where an out-of-state proposed ward has property (R.I. Gen. Laws sections 33-15-2 and 33-15-3).
Terms used
Guardian (full) or limited guardian for an adult; the adult is the respondent, proposed ward or ward. A guardian ad litem is appointed for each adult respondent (sections 33-15-7 and 33-15-47).
Petition form
Verified petition for limited guardianship or guardianship, a statutory form in section 33-15-47. Ask the probate clerk whether any local requirements apply.
Incapacity standard and proof
Guardian authorized only in areas where the court finds, based on one or more decision making assessment tools, that the individual lacks the capacity to make decisions. The standard of proof shall be clear and convincing evidence (sections 33-15-4 and 33-15-5).
Medical or evaluator report
Decision-making assessment tool filed with the petition, completed by the primary care physician if one exists and is available, otherwise by a physician who has examined and treated the respondent. Excused only on a temporary guardianship petition in extraordinary or emergency circumstances, on other competent evidence (section 33-15-4).
Notice and service
Notice and petition served on the respondent in person at least 14 days before any hearing by a licensed process server; notice mailed at least 10 days before the hearing to the spouse and heirs at law, the care facility administrator and any regular protective-service provider. Temporary guardianship: 5 days unless the court orders shorter (section 33-15-17.1).
Right to counsel
If counsel has not been secured, the court appoints counsel when the respondent wishes to contest, seek limits on powers or object to a proposed guardian, or when the respondent requests counsel or the guardian ad litem determines counsel is in the respondent's best interest (section 33-15-7).
Less restrictive alternatives
The court shall not appoint a guardian or limited guardian if the needs of the proposed ward are being met or can be met by a less restrictive alternative or alternatives (section 33-15-4).
Bond and reports
Bond in the sum the court requires, with surety waivable for a spouse, parent, child, brother, sister or other heir at law if circumstances warrant (sections 33-17-1 and 33-17-1.3). Inventory within 30 days or any longer time the court allows (section 33-15-19). Annual account for the estate; annual status report for the person, waivable for good cause (sections 33-15-26 and 33-15-26.1).
Temporary guardian
For cause shown after notice, pending any guardianship application or appeal, the court if it deems proper may appoint a temporary guardian, who serves until the question of appointment is decided or the guardian is discharged (sections 33-15-10 and 33-15-11).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney or healthcare power of attorney, a trust, a representative payee or Supported Decision-Making under chapter 42-66.13 could meet the need. The court shall not appoint a guardian or limited guardian if it finds the needs are being met or can be met by a less restrictive alternative, and the petition must state the steps taken.
Obtain the decision-making assessment tool from a physician
Before filing the petition days after startingAsk the respondent's primary care physician, if one exists and is available, otherwise a physician who has examined and treated the respondent, to complete the assessment tool in the form shown in section 33-15-47. It is filed with the petition and may be excused only on a temporary guardianship petition in extraordinary or emergency circumstances, on other competent evidence.
File the verified petition with the city or town probate court
At filing days after startingFile the statutory petition with the assessment tool with the probate court clerk in the city or town where the proposed ward resides, or where an out-of-state proposed ward has property. Ask the clerk about local requirements and fees.
Serve the respondent and mail notice
At least 14 days before any hearing days after startingServe notice and a copy of the petition on the respondent in person, by a licensed process server, at least 14 days before any hearing. Mail notice at least 10 days before the hearing to the spouse and heirs at law, the administrator of any care facility and any regular protective-service provider. For a temporary guardianship the periods drop to 5 days unless the court orders shorter.
Calendar bond, inventory and annual reports
Inventory within 30 days after appointment, or any longer time the court allows days after startingGive bond in the sum the court requires. Surety on the bond may be waived for a spouse, parent, child, brother, sister or other heir at law who demonstrates to the court that circumstances warrant it. File the sworn inventory and appraisement. A guardian with authority over the estate files an annual account; a guardian with authority over the person files an annual status report, which the court may waive for good cause.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney or healthcare power of attorney, a trust, a representative payee or Supported Decision-Making under chapter 42-66.13 could meet the need. The court shall not appoint a guardian or limited guardian if it finds the needs are being met or can be met by a less restrictive alternative, and the petition must state the steps taken. | durable-power-of-attorney | Before filing |
| Obtain the decision-making assessment tool from a physician | Ask the respondent's primary care physician, if one exists and is available, otherwise a physician who has examined and treated the respondent, to complete the assessment tool in the form shown in section 33-15-47. It is filed with the petition and may be excused only on a temporary guardianship petition in extraordinary or emergency circumstances, on other competent evidence. | - | Before filing the petition |
| File the verified petition with the city or town probate court | File the statutory petition with the assessment tool with the probate court clerk in the city or town where the proposed ward resides, or where an out-of-state proposed ward has property. Ask the clerk about local requirements and fees. | - | At filing |
| Serve the respondent and mail notice | Serve notice and a copy of the petition on the respondent in person, by a licensed process server, at least 14 days before any hearing. Mail notice at least 10 days before the hearing to the spouse and heirs at law, the administrator of any care facility and any regular protective-service provider. For a temporary guardianship the periods drop to 5 days unless the court orders shorter. | - | At least 14 days before any hearing |
| Calendar bond, inventory and annual reports | Give bond in the sum the court requires. Surety on the bond may be waived for a spouse, parent, child, brother, sister or other heir at law who demonstrates to the court that circumstances warrant it. File the sworn inventory and appraisement. A guardian with authority over the estate files an annual account; a guardian with authority over the person files an annual status report, which the court may waive for good cause. | - | Inventory within 30 days after appointment, or any longer time the court allows |
Frequently Asked Questions
Other Rhode Island guides
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Asset Protection Planning in Rhode Island (2026)
Dealing With Debt Collectors in Rhode Island (2026)
Expunging a Criminal Record in Rhode Island (2026)
Filing a Workplace Harassment Complaint in Rhode Island
Filing Chapter 7 Bankruptcy in Rhode Island (2026)
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