RI estate risk
Guardianship risk in Rhode Island
How courts appoint guardians for minors when no plan is in place.
Rhode Island parents are joint natural guardians, but probate courts can appoint guardians and minors age 14 or older may nominate a guardian.
At a glance
Key takeaways
- Parents are joint natural guardians with equal rights, subject to court orders.
- A probate court may appoint a guardian for a minor under age 14.
- A minor age 14 or older may nominate a guardian, subject to probate court approval.
- A parent may appoint a guardian by will, subject to probate court approval.
Questions to consider
Questions to consider in Rhode Island
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Rhode Island parents are joint natural guardians, but probate courts can appoint guardians and minors age 14 or older may nominate a guardian.
- Parents are joint natural guardians with equal rights, subject to court orders.
- A probate court may appoint a guardian for a minor under age 14.
- A minor age 14 or older may nominate a guardian, subject to probate court approval.
- A parent may appoint a guardian by will, subject to probate court approval.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Sources
- https://codes.findlaw.com/ri/title-33-probate-practice-and-procedure/ri-gen-laws-sect-33-15-1-1/
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-15.1/33-15.1-5.htm
- https://law.justia.com/codes/rhode-island/title-33/chapter-33-15-1/section-33-15-1-7/
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Rhode Island.
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