§ 33-15-17.1 Notice. – (a) Except for the appointment of a temporary guardian, no petition for limitedguardian or guardian shall be heard and no person shall be appointed limitedguardian or guardian of an individual unless notice of the petition forappointment of a limited guardian or guardian and a copy of the petition itselfshall be served upon the respondent in person at least fourteen (14) days priorto any hearing on the petition. If the hearing date is continued by the probatecourt for any reason after service on the respondent and no objection to thepetition is filed by or on behalf of the respondent, no further service on therespondent shall be required. The probate court, in its discretion, may requirefurther notice to the respondent in such manner as prescribed by the court.
In the case of a petition for the appointment of a temporaryguardian, such fourteen (14) day notice period shall be reduced to five (5)days, unless a shorter period is ordered by the court.
(b) This notice shall be in plain language, large type andshall include the time and place of the hearing, the possible loss of libertyif the petition is granted, and shall inform the respondent of his or herrights including: the court appointment of a guardian ad litem, the right to ahearing and to be present at the hearing to confront witnesses, presentevidence, contest the petition, object to the appointment of a particularindividual as guardian, request that limits be placed on the guardian's powers,and the right to counsel. Notice shall be served upon the respondent by aprocess server duly authorized and licensed under Rhode Island law, except for"Good Samaritan" guardianships under § 33-15-4.1 in which case notice maybe served upon the respondent by the guardian ad litem appointed by the court(hereinafter referred to as "court officer").
(c) The court officer that serves this notice shall bedressed in plain clothes. He or she shall have experience dealing withindividuals who may lack decision making ability.
(d) The court officer shall present the written notice andshall also read the notice to the respondent.
(e) Except for a petition for the appointment of a temporaryguardian, notice shall be given by the petitioner, or his or her attorney, atleast ten (10) days before the date set for hearing on the petition by regularmail, postage prepaid, addressed to (1) the respondent's spouse and heirs atlaw (under the rules of descent) as set forth in § 33-1-1 only at theirlast known addresses; and (2) the administrator of any care and treatmentfacility where the respondent resides or receives primary services; and (3) anyindividual or entity known or reasonably known to the petitioner to beregularly providing protective services to the respondent. In the case of apetition for the appointment of a temporary guardian, such ten (10) day noticeperiod is reduced to five (5) days, unless a shorter period is ordered by thecourt, with the petitioner required to use reasonable efforts in identifyingand noticing those individuals described in the immediately preceding sentencewithin the limitations of investigation of identity of addresses of suchindividuals inherent in a temporary guardianship proceeding. The petitioner orhis or her attorney, shall at or prior to the hearing file or leave to be filedan affidavit that notice was given setting forth the names and post officeaddresses of the persons to whom the notice was sent and the date of mailing,together with a copy of the notice.
(f) Should the petitioner have no knowledge of the existenceor whereabouts of any of the persons required to be notified pursuant tosubparagraph (e) above, an affidavit to that effect filed with the court shallsatisfy this notice requirement.
(g) Notwithstanding any notice requirement of the petitioner,and except for a petition for appointment of a temporary guardian the courtshall give notice of the petition by advertisement.
§ 33-15-17.1 Notice. – (a) Except for the appointment of a temporary guardian, no petition for limitedguardian or guardian shall be heard and no person shall be appointed limitedguardian or guardian of an individual unless notice of the petition forappointment of a limited guardian or guardian and a copy of the petition itselfshall be served upon the respondent in person at least fourteen (14) days priorto any hearing on the petition. If the hearing date is continued by the probatecourt for any reason after service on the respondent and no objection to thepetition is filed by or on behalf of the respondent, no further service on therespondent shall be required. The probate court, in its discretion, may requirefurther notice to the respondent in such manner as prescribed by the court.
In the case of a petition for the appointment of a temporaryguardian, such fourteen (14) day notice period shall be reduced to five (5)days, unless a shorter period is ordered by the court.
(b) This notice shall be in plain language, large type andshall include the time and place of the hearing, the possible loss of libertyif the petition is granted, and shall inform the respondent of his or herrights including: the court appointment of a guardian ad litem, the right to ahearing and to be present at the hearing to confront witnesses, presentevidence, contest the petition, object to the appointment of a particularindividual as guardian, request that limits be placed on the guardian's powers,and the right to counsel. Notice shall be served upon the respondent by aprocess server duly authorized and licensed under Rhode Island law, except for"Good Samaritan" guardianships under § 33-15-4.1 in which case notice maybe served upon the respondent by the guardian ad litem appointed by the court(hereinafter referred to as "court officer").
(c) The court officer that serves this notice shall bedressed in plain clothes. He or she shall have experience dealing withindividuals who may lack decision making ability.
(d) The court officer shall present the written notice andshall also read the notice to the respondent.
(e) Except for a petition for the appointment of a temporaryguardian, notice shall be given by the petitioner, or his or her attorney, atleast ten (10) days before the date set for hearing on the petition by regularmail, postage prepaid, addressed to (1) the respondent's spouse and heirs atlaw (under the rules of descent) as set forth in § 33-1-1 only at theirlast known addresses; and (2) the administrator of any care and treatmentfacility where the respondent resides or receives primary services; and (3) anyindividual or entity known or reasonably known to the petitioner to beregularly providing protective services to the respondent. In the case of apetition for the appointment of a temporary guardian, such ten (10) day noticeperiod is reduced to five (5) days, unless a shorter period is ordered by thecourt, with the petitioner required to use reasonable efforts in identifyingand noticing those individuals described in the immediately preceding sentencewithin the limitations of investigation of identity of addresses of suchindividuals inherent in a temporary guardianship proceeding. The petitioner orhis or her attorney, shall at or prior to the hearing file or leave to be filedan affidavit that notice was given setting forth the names and post officeaddresses of the persons to whom the notice was sent and the date of mailing,together with a copy of the notice.
(f) Should the petitioner have no knowledge of the existenceor whereabouts of any of the persons required to be notified pursuant tosubparagraph (e) above, an affidavit to that effect filed with the court shallsatisfy this notice requirement.
(g) Notwithstanding any notice requirement of the petitioner,and except for a petition for appointment of a temporary guardian the courtshall give notice of the petition by advertisement.
§ 33-15-17.1 Notice. – (a) Except for the appointment of a temporary guardian, no petition for limitedguardian or guardian shall be heard and no person shall be appointed limitedguardian or guardian of an individual unless notice of the petition forappointment of a limited guardian or guardian and a copy of the petition itselfshall be served upon the respondent in person at least fourteen (14) days priorto any hearing on the petition. If the hearing date is continued by the probatecourt for any reason after service on the respondent and no objection to thepetition is filed by or on behalf of the respondent, no further service on therespondent shall be required. The probate court, in its discretion, may requirefurther notice to the respondent in such manner as prescribed by the court.
In the case of a petition for the appointment of a temporaryguardian, such fourteen (14) day notice period shall be reduced to five (5)days, unless a shorter period is ordered by the court.
(b) This notice shall be in plain language, large type andshall include the time and place of the hearing, the possible loss of libertyif the petition is granted, and shall inform the respondent of his or herrights including: the court appointment of a guardian ad litem, the right to ahearing and to be present at the hearing to confront witnesses, presentevidence, contest the petition, object to the appointment of a particularindividual as guardian, request that limits be placed on the guardian's powers,and the right to counsel. Notice shall be served upon the respondent by aprocess server duly authorized and licensed under Rhode Island law, except for"Good Samaritan" guardianships under § 33-15-4.1 in which case notice maybe served upon the respondent by the guardian ad litem appointed by the court(hereinafter referred to as "court officer").
(c) The court officer that serves this notice shall bedressed in plain clothes. He or she shall have experience dealing withindividuals who may lack decision making ability.
(d) The court officer shall present the written notice andshall also read the notice to the respondent.
(e) Except for a petition for the appointment of a temporaryguardian, notice shall be given by the petitioner, or his or her attorney, atleast ten (10) days before the date set for hearing on the petition by regularmail, postage prepaid, addressed to (1) the respondent's spouse and heirs atlaw (under the rules of descent) as set forth in § 33-1-1 only at theirlast known addresses; and (2) the administrator of any care and treatmentfacility where the respondent resides or receives primary services; and (3) anyindividual or entity known or reasonably known to the petitioner to beregularly providing protective services to the respondent. In the case of apetition for the appointment of a temporary guardian, such ten (10) day noticeperiod is reduced to five (5) days, unless a shorter period is ordered by thecourt, with the petitioner required to use reasonable efforts in identifyingand noticing those individuals described in the immediately preceding sentencewithin the limitations of investigation of identity of addresses of suchindividuals inherent in a temporary guardianship proceeding. The petitioner orhis or her attorney, shall at or prior to the hearing file or leave to be filedan affidavit that notice was given setting forth the names and post officeaddresses of the persons to whom the notice was sent and the date of mailing,together with a copy of the notice.
(f) Should the petitioner have no knowledge of the existenceor whereabouts of any of the persons required to be notified pursuant tosubparagraph (e) above, an affidavit to that effect filed with the court shallsatisfy this notice requirement.
(g) Notwithstanding any notice requirement of the petitioner,and except for a petition for appointment of a temporary guardian the courtshall give notice of the petition by advertisement.
