Rhode Island Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

State:
Multi-State
Control #:
US-01174BG
Format:
Word; 
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Instant download

Description

A conservatorship is created by the appointment of a conservator, also sometimes called a guardian. A conservator is a person appointed by a court to manage the property, daily affairs, and financial affairs of another person (sometimes called the ward), who is unable by reason of a physical or mental infirmity or age to handle his/her affairs. For example, an adult daughter may be appointed as the conservator for her father who is suffering from advanced Alzheimer's disease. An open hearing is held before the appointment is made.


This form is an example of an objection to the appointment of a particular person as conservator. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

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FAQ

Unlike other states, Rhode Island law does not differentiate between guardianship over the person and guardianship over the estate. As noted above, Rhode Island has a limited guardianship law, which generally focuses on four areas of decision-making capacity: finances, health care, relationships, and residence.

A physician must complete documentation that the individual is unable to make decisions for themselves. Someone must step forward to petition the probate court to become the Guardian for the individual.

The Guardian ad litem in a pending case shall protect the interests of the child who is a witness in any judicial proceeding related to the case in which the Guardian ad litem has been appointed. The Guardian ad litem shall explain, when appropriate, the Court proceedings and process to the child.

If you are in possession of a will of a deceased person, you must either file it with the appropriate court or deliver it to the person named in the will as executor, as under Rhode Island law the will is to be filed within 30 days after death.

There is no set age when a child can decide to live with their mother or father in a Rhode Island Child Custody Case. In fact, theoretically, the child is not allowed to make the decision. In reality, older children have a very significant impact on child custody determinations by a Rhode Island Family Court Judge.

In Rhode Island, executor fees are not explicitly stipulated by statute. Instead, the state allows for "reasonable" compensation, which is determined on a case-by-case basis. This ambiguity can be both a benefit and a drawback, depending on the complexity of the estate and the amount of work required by the executor.

Subsidized Guardianship GAP provides guardianship subsidies for eligible children who have been living with relatives in foster care and cannot return to their parents, and for whom adoption has been ruled out.

Under §15-12-1, the age of majority is 18. No statute in Rhode Island explicitly and exclusively addresses the process of emancipation. Under common law in the state, contracts are voidable by minors except for necessaries.

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Rhode Island Objection to Appointment of Petitioner as Conservator of the Estate of an Adult