Rhode Island Conservatorship

State:
Rhode Island
Control #:
RI-SKU-0420
Format:
PDF
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Description

Conservatorship

Rhode Island Conservatorship is a legal arrangement in which a court appoints someone as a conservator to manage the affairs of a person who cannot manage them on their own. This may be due to physical or mental disabilities, age, or financial incapacity. A conservator is responsible for the care, protection, and financial management of the conservative. There are two types of Rhode Island Conservatorship: general conservatorship and limited conservatorship. General conservatorship covers all aspects of the conservative’s life, including personal, financial and medical decisions, while limited conservatorship covers only specific areas of the conservative’s life such as medical care, housing, or social services. The conservator is responsible for making decisions on behalf of the conservative that are in their best interest. The conservator must provide reports to the court on the conservative's financial situation and must follow court orders and any applicable state laws.

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FAQ

If you believe an adult is incapable of managing either their own personal care or their financial affairs or both, you may petition the court to appoint a guardian to promote the person's well-being or protect the person's human and civil rights.

Parents as joint natural guardians ? Releases. (a) The father and mother shall be the joint natural guardians of their minor children and shall be equally charged with their care, nurture, welfare and education; and they may be sued either jointly or separately for the support of their minor children.

Conservatorship is granted when the individual in question no longer has the capacity to make decisions on their own behalf. In virtually all cases, this is a judgment based on mental incapacity. Physical incapacity will rarely, if ever, create a basis for legal guardianship.

The best way to avoid probate in Rhode Island is to place the estate in a living trust. With a living trust, the assets will pass to the named beneficiary when the owner dies without going through the probate process.

There are two kinds of guardianship: guardian of the person and guardian of the estate. A guardian of the person has control over the ward's personal matters, such as housing, medical, and educational decisions. A guardian of the estate has control over the ward's property and finances.

Guardianship is a court-ordered relationship between a competent adult (the guardian) and an adult with impaired decision-making capacity (the ward)1. In Rhode Island, city and town Probate Courts oversee the guardianship process and issue guardianship orders.

Guardianship is a legal process that gives the guardian permission to take care of and make decisions for an incapacitated adult. An incapacitated person is someone with a clinically diagnosed condition that keeps them from being able to make or communicate decisions about their physical health, safety, or care.

What is the Process? The process for appointing a conservator is very similar to the process for appointing a guardian. Our attorney files a petition with the court that includes facts showing the respondent is financially incapable and has money and property with amounting to a total determined by law.

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Rhode Island Conservatorship