§ 33-15-5 - Hearing. - Rhode-island Statutes

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Statutes > Rhode-island > Title-33 > Chapter-33-15 > 33-15-5

SECTION 33-15-5

§ 33-15-5 Hearing. – No limited guardian or guardian shall be appointed until after a hearing on thepetition. The hearing shall be before a judge of the probate court of the cityor town where the petition was filed.

(1) The respondent shall have the right to be present at thehearing and all other stages of the proceedings.

(2) The respondent shall be allowed to:

(i) Compel the attendance of witnesses;

(ii) Present evidence; and

(iii) Confront and cross examine witnesses.

(3) The standard of proof shall be clear and convincingevidence.

(4) The Rhode Island rules of evidence shall apply.

(5) Any professional whose training and experience aid in theassessment of decision making ability and who has so assessed the respondentmay be permitted to provide expert testimony regarding the decision makingassessment of the respondent.

State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-15 > 33-15-5

SECTION 33-15-5

§ 33-15-5 Hearing. – No limited guardian or guardian shall be appointed until after a hearing on thepetition. The hearing shall be before a judge of the probate court of the cityor town where the petition was filed.

(1) The respondent shall have the right to be present at thehearing and all other stages of the proceedings.

(2) The respondent shall be allowed to:

(i) Compel the attendance of witnesses;

(ii) Present evidence; and

(iii) Confront and cross examine witnesses.

(3) The standard of proof shall be clear and convincingevidence.

(4) The Rhode Island rules of evidence shall apply.

(5) Any professional whose training and experience aid in theassessment of decision making ability and who has so assessed the respondentmay be permitted to provide expert testimony regarding the decision makingassessment of the respondent.

State Codes and Statutes

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State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-15 > 33-15-5

SECTION 33-15-5

§ 33-15-5 Hearing. – No limited guardian or guardian shall be appointed until after a hearing on thepetition. The hearing shall be before a judge of the probate court of the cityor town where the petition was filed.

(1) The respondent shall have the right to be present at thehearing and all other stages of the proceedings.

(2) The respondent shall be allowed to:

(i) Compel the attendance of witnesses;

(ii) Present evidence; and

(iii) Confront and cross examine witnesses.

(3) The standard of proof shall be clear and convincingevidence.

(4) The Rhode Island rules of evidence shall apply.

(5) Any professional whose training and experience aid in theassessment of decision making ability and who has so assessed the respondentmay be permitted to provide expert testimony regarding the decision makingassessment of the respondent.