Rhode Island Guardianship Laws: Adults, Minors and Conservators (2026)

In Rhode Island, a probate court appoints a guardian or a limited guardian for an adult under chapter 33-15 of the General Laws, and a guardian for a minor under chapter 33-15.1. Before appointing anyone for an adult, the court must hold a hearing and find by clear and convincing evidence that the appointment is warranted (R.I. Gen. Laws § 33-15-5), and it may not appoint a guardian at all if the person's needs are being met, or can be met, by a less restrictive alternative (§ 33-15-4(a)(1)).

Rhode Island's system has three features worth knowing at the start. Adult cases are heard by the probate court of the city or town where the proposed ward lives, not by one statewide court (§ 33-15-2). Chapter 33-15 has no statutory definition of incapacity; the court works from a physician-completed "decision making assessment tool" and decides whether the person is partially or totally incapacitated (§ 33-15-4). And the property-only role of conservator is a separate, simpler proceeding (§ 33-15-44). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Rhode Island state law on guardianship of adults (R.I. Gen. Laws ch. 33-15), guardianship of minors (ch. 33-15.1), conservatorship of property, the interstate act (ch. 33-15.2) and the Supported Decision-Making Act (ch. 42-66.13). It does not cover custody disputes between parents (see Rhode Island child custody laws), grandparent visitation (see Rhode Island grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Rhode Island probate), family court cases placing a child in state care, which are a separate track, veterans' guardianships under chapter 33-16, or civil commitment and mental-health holds.

Rhode Island guardianship terms and where the law lives

Chapter 33-15 is titled "Limited Guardianship and Guardianship of Adults." It distinguishes a limited guardian, for a person the court finds partially incapacitated, from a guardian, for a person found totally incapacitated (§ 33-15-4(a)(1)). The person is called the "respondent" or "proposed ward" during the case and the "ward" after appointment. A conservator manages only property, under §§ 33-15-44 and 33-15-45.

The legislature wrote its preference for the least intrusive option into the chapter's purpose section:

The legislature further finds that it is desirable to make available, the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs. ... accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in his or her own behalf. This chapter shall be liberally construed to accomplish this purpose.

R.I. Gen. Laws § 33-15-1

The statutory forms used in these cases, including the decision making assessment tool, are set out in § 33-15-47, which the General Assembly amended by P.L. 2024, chapters 178 and 179, effective June 20, 2024.

How to become guardian of an adult in Rhode Island

The petition

"Any person may file 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, a verified petition for the appointment of a guardian" (§ 33-15-2). Among its other contents, the petition must state the decision-making assessment basis for a limited or full guardianship, the powers requested, "the steps which have been taken to utilize less restrictive alternatives to guardianship," and the qualifications of the person proposed to serve (§ 33-15-2). The primary care physician, or the treating physician, completes the decision making assessment tool, which is filed with the petition (§ 33-15-4).

If the petition alleges that the respondent lacks decision-making ability about real property, the petitioner must record a copy in the land evidence records of each city or town where the respondent has real property. If a limited guardian or guardian is then appointed with authority over the respondent's real property, the respondent's real-property contracts and conveyances made after the recording, and other contracts (except for necessaries) and gifts, sales or transfers of personal property made after notice of the petition is first published and before the guardianship ends, are void (§ 33-15-13).

Notice and service

The respondent must receive notice and a copy of the petition in person:

no petition for limited guardian or guardian shall be heard and no person shall be appointed limited guardian or guardian of an individual unless notice of the petition ... and a copy of the petition itself shall be served upon the respondent in person at least fourteen (14) days prior to any hearing on the petition. ... In the case of a petition for the appointment of a temporary guardian, such fourteen (14) day notice period shall be reduced to five (5) days, unless a shorter period is ordered by the court.

R.I. Gen. Laws § 33-15-17.1

A licensed process server makes the service (in a good Samaritan guardianship the guardian ad litem may serve it), and the server must read the notice to the respondent. The notice must be in plain language and large type and list the respondent's rights, including to a guardian ad litem, a hearing and counsel. Notice must also be mailed at least 10 days before the hearing (5 days on a temporary-guardian petition unless the court orders a shorter period) to the respondent's spouse and heirs at law, the administrator of any facility where the respondent lives, and providers of protective services, and, except on a temporary-guardian petition, the court advertises the petition (§ 33-15-17.1).

Guardian ad litem and the right to a lawyer

A guardian ad litem is appointed for each respondent in every adult guardianship case. The guardian ad litem visits the respondent, explains the respondent's rights, and files a report at least three days before the hearing unless that is waived (§ 33-15-7).

A lawyer is a separate matter, and the statute does not appoint one in every case. Counsel is appointed in these circumstances:

(d) If 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, and, if legal counsel has not been secured, the court shall appoint legal counsel. (e) If the respondent requests legal counsel, or if the guardian ad litem determines it is in the best interest of the respondent to have legal counsel, and if legal counsel has not been secured, the court shall appoint legal counsel.

R.I. Gen. Laws § 33-15-7(d), (e)

The hearing and the burden of proof

No limited guardian or guardian may be appointed until after a hearing on the petition (§ 33-15-5). At the hearing:

• the respondent has the right to be present at the hearing and at all other stages of the proceedings;
• the respondent may compel the attendance of witnesses, present evidence and cross-examine witnesses;
• "the standard of proof shall be clear and convincing evidence"; and
• the Rhode Island rules of evidence apply (§ 33-15-5).

Limited guardianship first

The court's decision turns on the assessment tool and on whether something less than guardianship would work:

Absent a finding, based on a decision making assessment tool, that an individual is totally incapacitated, the court shall limit the scope of the powers and duties of a guardian to the terms best suited to allow the individual found partially incapacitated to participate as fully as possible in decisions affecting him or her. ... The court shall not appoint a guardian or limited guardian if the court finds that the needs of the proposed ward are being met or can be met by a less restrictive alternative or alternatives.

R.I. Gen. Laws § 33-15-4(a)(1)

A limited guardianship order may later be modified by agreement or after a hearing (§ 33-15-4).

Who may serve

The court "shall not appoint as limited guardian or guardian any agency, public or private, or representative thereof, which financially benefits from providing housing, medical, or social services to the individual found to be incapacitated" (§ 33-15-6). Relatives, friends, banks and trust companies, and nonprofit organizations are among those eligible, and the court must find that the proposed guardian has no criminal background bearing on suitability and has the financial capacity and ability to meet the person's needs. In choosing among eligible people, "the court shall consider the wishes expressed by the individual found to be incapacitated as to preferences among individuals eligible to serve" (§ 33-15-6).

Every applicant must undergo a nationwide, fingerprint-based criminal records check. While the check is pending, an applicant may be appointed temporary limited guardian or temporary guardian "for a period not to exceed ten (10) days" (§ 33-15-6.1). The applicant pays for the check. A conviction for one of the listed crimes, which include violent and sexual offenses, assault on a person 60 or older, patient abuse, elder exploitation and felony theft and fraud offenses, may be treated as disqualifying information; an applicant with disqualifying information may have the report sent to the probate court, which decides the applicant's suitability (§ 33-15-6.1(a), (c), (e)).

Where the proposed ward's estate is insufficient to pay for a guardian's services and the appointment would otherwise be in the person's best interests, the probate court may appoint an unpaid good Samaritan guardian (§ 33-15-4.1).

What a Rhode Island guardian can decide, and the rights the ward keeps

A guardian has only the powers the order grants. "An individual for whom a limited guardian is appointed shall retain all legal and civil rights except those which have been specifically suspended by the order" (§ 33-15-4). A guardian with authority over the person "shall exercise authority in the best interest of his or her ward" (§ 33-15-29), and the sale or mortgage of the ward's real estate requires authorization from the probate court (§ 33-15-32).

Rhode Island protects the ward's contact with other people:

Unless specifically authorized by court order, a limited guardian, guardian, or conservator shall not restrict a ward's right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail.

R.I. Gen. Laws § 33-15-18.1(a)

A court restriction requires good cause and a graduated approach, from limits on time and place, to supervised contact, to denial. The court must schedule the hearing on a motion about contact no later than 30 days after the motion is filed, or hold an emergency hearing no later than 10 days after filing if the motion states that the ward's health is in significant decline or that death may be imminent, in which case the court also orders supervised contact until the hearing (§ 33-15-18.1(e)). The guardian must promptly notify the ward's closest relatives and anyone the ward designates when the ward's residence changes, the ward stays elsewhere for more than seven consecutive days, is admitted to or discharged from a nursing home or assisted-care living facility, is admitted to a medical facility for emergency or acute care, or dies, unless the person has declined notice in writing or the ward or a court order has prohibited it; contact information may not be given to a person subject to a protective or restraining order issued on the ward's behalf (§ 33-15-18.1(g), (h)).

Reports and accounts

• Status report. A limited guardian or guardian with authority over the person must file an annual status report covering the ward's residence, condition, changes in capacity and a summary of the guardian's actions. If it is not filed, "the court shall cite the limited guardian or guardian and demand that the status report be filed within thirty (30) days," and the court may waive the report for good cause shown (§ 33-15-26.1).
• Inventory and account. A guardian with authority over the estate files an inventory within 30 days of appointment (§ 33-15-19) and an annual account (§ 33-15-26).

Temporary guardianship in Rhode Island

Pending a petition or an appeal, the probate court may, for cause shown and after notice, appoint a temporary limited guardian or temporary guardian (§ 33-15-10). The notice period for a temporary guardian is five days unless the court orders a shorter period (§ 33-15-17.1). Section 33-15-11 sets no fixed number of days for the appointment:

A temporary limited guardian or guardian shall serve until the question of appointment of a guardian is decided, or until he or she shall be discharged by the probate court. There shall be no appeal from the appointment of a temporary limited guardian or guardian.

R.I. Gen. Laws § 33-15-11

The decision making assessment tool may be excused only for a temporary guardianship, in extraordinary or emergency circumstances, on other competent evidence (§ 33-15-4(a)(2)). Section 33-15-8.1 separately provides for a special temporary limited guardian for admission to a nursing facility when the court makes the four findings that section requires.

How a Rhode Island guardianship ends or rights are restored

"Removal may be requested by the ward or anyone acting on behalf of the ward, including the limited guardian, guardian or conservator," and "the ward may retain counsel for this purpose" (§ 33-15-18(a)). The court must remove a limited guardian, guardian or conservator who has not fulfilled, or is no longer able to fulfill, the duties of the appointment (§ 33-15-18(a)(1)). It must also remove one on this finding:

The court shall remove any limited guardian or guardian or conservator upon finding that the ward, based on a decision making assessment tool, has the capacity to make decisions regarding his or her health care, finances, residence, and/or relationships.

R.I. Gen. Laws § 33-15-18(a)(2)

Section 33-15-18 states no separate burden of proof for removal and does not provide for an informal letter to the court.

Conservatorship of property

A conservatorship is a separate track that covers property only:

If a person, by reason of disability or upon his or her own election, is unable to properly care for his or her property, the probate court of the town in which he or she resides, upon his or her petition, or the petition of one or more of his or her relatives or friends, may appoint a conservator of his or her property.

R.I. Gen. Laws § 33-15-44

At least 14 days' notice is required, and the court must find that the person is "incapable of properly caring for his or her property." A person convicted of a felony involving fraud or theft may not serve. Bond and inventory follow the rules for guardians of estates (§§ 33-15-44, 33-15-45). After a conservatorship petition is filed, the person is under the same disability to contract as a person who is the subject of a guardianship application under § 33-15-13 (§ 33-15-44). "The conservator may be discharged by the probate court upon the application of the ward, or otherwise, when it appears that the conservatorship is no longer necessary" (§§ 33-15-44, 33-15-45).

How to get guardianship of a child in Rhode Island

Guardianship of a minor (a grandchild, niece, nephew or any other child) is in chapter 33-15.1 and is heard in the probate court. Parents are the joint natural guardians of their children until a court appoints otherwise, and neither parent has priority over the other (§§ 33-15.1-1(a), 33-15.1-3).

Appointment and the child's own choice. The statute ties the process to the child's age:

A probate court may appoint a guardian of a minor under the age of fourteen (14) years. A minor of the age of fourteen (14) years or over may nominate his or her own guardian, who, if approved by the probate court, shall be appointed accordingly.

R.I. Gen. Laws § 33-15.1-5

If a minor 14 or older does not choose a guardian, or chooses someone the court does not approve, the court appoints the guardian (§ 33-15.1-6). Sections 33-15.1-5 and 33-15.1-6 state no parental-unfitness or best-interest standard for the appointment. The Rhode Island Supreme Court has held that municipal probate courts lack jurisdiction to decide petitions for guardianship opposed by a parent: a probate court may not appoint a permanent guardian of a child who has a surviving parent whose parental rights have not been terminated and who opposes the petition, and in that situation it may appoint a temporary guardian, who may petition the Family Court for custody or for termination of the parent's rights on the ground of unfitness (Carr v. Prader, 725 A.2d 291 (R.I. 1999)).

Notice. "No person shall be appointed guardian of the person of another, unless notice of the application for the appointment has been served upon the intended ward in person at least fourteen (14) days prior to any action on the application." For a minor under 12, notice may instead be served on next of kin or another interested person or friend, as the court directs (§ 33-15.1-10). Notice is also mailed at least 10 days before to the spouse, children or heirs at law, and the court advertises the petition (§ 33-15.1-11). A temporary guardian may be appointed while the petition is pending (§ 33-15.1-14).

Duties. "Every guardian of the person shall take suitable charge of the person over whom he or she shall be appointed guardian" (§ 33-15.1-28), and guardians of minors "shall take special charge of their education" (§ 33-15.1-30). A guardian files an annual account with the probate court unless the court, on the guardian's application, excuses it for that year (§ 33-15.1-29).

Ending or removal. Chapter 33-15.1 contains no section that sets the age at which a minor's guardianship ends. Its removal section, § 33-15.1-37, provides for removing a guardian for incapacity, neglect or waste.

Custody disputes between parents are a family court matter; see Rhode Island child custody laws. When the family court places a child in the care and custody of the state, it must enter an order on whether the parents or guardian may continue to make the child's educational decisions (§ 33-15.1-2); that track is separate from probate guardianship.

Can a parent name a guardian in a will in Rhode Island?

Yes, subject to the court's approval:

Every person authorized by law to make a will may appoint by will, subject to the approval of the probate court, a guardian or guardians for his or her minor children, whether born at the time of making the will or afterwards, to continue during the minority of the children or for a less time; provided, that, in the case of husband and wife, the survivor, being otherwise qualified, shall be guardian of their children.

R.I. Gen. Laws § 33-15.1-7

A second section, § 33-5-4, says the probate court "shall appoint" a guardian nominated by will "unless good cause be shown to the contrary." It also lets a person who had been appointed guardian of someone with an intellectual or developmental disability nominate a successor guardian for that person by will (§ 33-5-4). The nominee still must be appointed by the probate court, which must appoint the nominee unless good cause is shown (§§ 33-15.1-7, 33-5-4), and while one spouse survives and is otherwise qualified, that surviving spouse is the children's guardian. The rules for making a valid will are on our Rhode Island wills and trusts page.

Letting a relative care for a child without going to court

Rhode Island's guardianship chapters (33-15, 33-15.1 and 33-15.2) contain no standby guardianship, no delegation of parental powers by power of attorney and no caregiver authorization affidavit. For school enrollment, a child who has no living parents, has been abandoned, or whose parents are unable to care for the child because of parental illness or family break-up is a resident of the city or town where the child lives with a legal guardian, natural guardian or other person acting in loco parentis (R.I. Gen. Laws § 16-64-1). That rule settles which school district enrolls the child; it does not give the caregiver authority over other decisions. A court-appointed guardian under chapter 33-15.1, including a temporary guardian while a petition is pending (§ 33-15.1-14), is the route these chapters provide.

Alternatives to guardianship in Rhode Island

The guardianship petition itself must describe the less restrictive alternatives that have been tried (§ 33-15-2), and the court may not appoint a guardian if a less restrictive alternative meets the person's needs (§ 33-15-4(a)(1)).

Supported decision-making agreements. Rhode Island enacted a stand-alone Supported Decision-Making Act in 2019 (P.L. 2019, ch. 113 and ch. 124), codified at chapter 42-66.13. It lets an adult with a disability (the "principal") sign an agreement naming a supporter and listing the kinds of decisions the supporter will and will not help with. Its formalities:

A supported decision-making agreement is valid only if all of the following occur: (1) The agreement is in a writing that contains the elements of the form contained in section 42-66.13-10; (2) The agreement is dated; and (3) Each party to the agreement signed the agreement in the presence of two (2) adult witnesses, or before a notary public.

R.I. Gen. Laws § 42-66.13-5

The two witnesses may not be a supporter, an employee or agent of a supporter named in the agreement, or a paid provider of services to the principal, and a witness who does not understand how the principal communicates may serve only if someone who does is present to assist (§ 42-66.13-5(d)). An employer or employee of the principal, or a person directly providing paid support services, cannot be a supporter unless an immediate family member, nor can a person against whom the principal has a protective order or who is subject to an order prohibiting contact (§ 42-66.13-6(b)). The principal or a supporter may revoke the agreement at any time in writing with notice to the other parties (§ 42-66.13-5(g)). The supporter also signs a separate declaration. A decision or request made or communicated with a supporter's help in conformity with the chapter "shall be recognized for the purposes of any provision of law as the decision or request of the principal" (§ 42-66.13-7). Signing an agreement "may not be used as evidence of incapacity" (§ 42-66.13-4(c)), and the chapter's purpose is to let supporters assist in making and communicating decisions "but not substitute as the decision maker" (§ 42-66.13-2(a)(3)).

Powers of attorney and advance directives. A financial power of attorney or health care document is signed while the person still has capacity; the signing rules are on our Rhode Island power of attorney laws page. Free drafting tools are available for a Rhode Island power of attorney and a Rhode Island advance directive; a tool is not legal advice, and any document must be signed under the Rhode Island rules on the power of attorney page.

Conservatorship by election. A person who is unable to care for property may ask the probate court to appoint a conservator on his or her own petition, and may later apply to be discharged (§§ 33-15-44, 33-15-45).

Federal benefits. The Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee; a legal guardian is one person it may choose, not an automatic payee (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.

Moving to or from Rhode Island with a guardianship

Rhode Island enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act in 2015 as chapter 33-15.2 (P.L. 2015, ch. 210 and ch. 241). A Rhode Island guardian may petition to transfer the guardianship to another state, with a hearing and a provisional order, and a guardian appointed elsewhere may register the order here:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, a guardian appointed in another state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court of this state in any appropriate city or town of this state certified copies of the order and letters of office.

R.I. Gen. Laws § 33-15.2-401

Rhode Island guardianship at a glance

Related Rhode Island pages

• Guardianship laws by state
• Rhode Island power of attorney laws
• Rhode Island child custody laws
• Rhode Island grandparents' rights
• Rhode Island probate

This article provides general legal information about Rhode Island guardianship law, not legal advice. Guardianship cases turn on their facts and on local probate court practice. For advice about a specific situation, contact a lawyer licensed in Rhode Island or the probate court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of an adult in Rhode Island?

Any person may file a verified petition with the probate court clerk in the city or town where the proposed ward resides, stating among other things the less restrictive alternatives tried (R.I. Gen. Laws § 33-15-2), with a physician-completed decision making assessment tool. The court must hold a hearing and apply the clear and convincing evidence standard (§ 33-15-5).

Does the person get a lawyer in a Rhode Island guardianship case?

A guardian ad litem is appointed in every adult case, but a lawyer is appointed only if the respondent has not secured one and wants to contest the petition, seek limits or object to the proposed guardian, asks for counsel, or the guardian ad litem finds counsel in the respondent's best interest (§ 33-15-7(d), (e)).

What is a limited guardianship in Rhode Island?

Unless the court finds, based on a decision making assessment tool, that the person is totally incapacitated, it must limit the guardian's powers so the person can take part in decisions as fully as possible, and the person keeps every right the order does not specifically suspend (§ 33-15-4).

How do I get guardianship of my grandchild in Rhode Island?

A probate court may appoint a guardian of a minor under 14 under chapter 33-15.1, after notice served in person on the child at least 14 days before action, or on next of kin or another person the court directs if the child is under 12 (§§ 33-15.1-5, 33-15.1-10). A child 14 or older may nominate his or her own guardian, subject to the court's approval. If a surviving parent whose rights have not been terminated opposes the petition, the probate court may not appoint a permanent guardian; it may appoint a temporary guardian, who may petition the Family Court (Carr v. Prader, 725 A.2d 291 (R.I. 1999)).

Can a parent name a guardian in a will in Rhode Island?

Yes. A person authorized to make a will may appoint a guardian for minor children by will, subject to probate court approval, and the court must appoint the nominee unless good cause is shown to the contrary; if one spouse survives and is otherwise qualified, the survivor is the guardian (§§ 33-15.1-7, 33-5-4).

How long does a temporary guardianship last in Rhode Island?

Section 33-15-11 sets no fixed number of days: a temporary limited guardian or guardian serves until the question of appointing a guardian is decided or until discharged by the probate court, and there is no appeal from the appointment. Notice for a temporary guardian is five days unless the court orders a shorter period (§ 33-15-17.1).

Does Rhode Island have supported decision-making agreements?

Yes. Chapter 42-66.13 lets an adult with a disability sign an agreement with a supporter; it must contain the statutory form's elements, be dated, and be signed by each party before two adult witnesses or a notary; the witnesses may not be a supporter, a supporter's employee or agent, or a paid provider of services to the principal (§ 42-66.13-5). The supporter assists but does not substitute as the decision maker (§ 42-66.13-2(a)(3)).

Can a Rhode Island guardian stop family from visiting?

Not without a court order. A guardian may not restrict the ward's communication, visitation or interaction with other people, including visitors, calls and mail, unless a court order specifically authorizes it (§ 33-15-18.1).

How is a Rhode Island guardianship ended?

The ward or anyone acting for the ward may request removal, and the ward may retain counsel; the court must remove the guardian on a finding that the guardian has not fulfilled or can no longer fulfill the duties of the appointment, or on a finding, based on a decision making assessment tool, that the ward has capacity to make decisions about health care, finances, residence and/or relationships (§ 33-15-18).