Guardianship of a Child or Adult in Rhode Island

The probate court of the city or town where the minor lives (or has legal settlement) may appoint a guardian of the person and/or estate of a minor when needed. A minor 14 or older may nominate their own guardian, who is appointed if the probate court approves.

Any person may file a verified petition with the probate court clerk in the city or town where the proposed ward lives. The petition must be based on a decision-making assessment tool, state whether a limited or full guardian is needed and which powers are requested, and describe steps taken to use less restrictive alternatives. A hearing before the probate judge is required; the respondent may attend, present evidence and cross-examine witnesses, and the standard of proof is clear and convincing evidence. The law favors the least restrictive form of guardianship so the person can participate as fully as possible in decisions.