Rhode Island Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

If you are in possession of a will of a deceased person, you must either file it with the appropriate court or deliver it to the person named in the will as executor, as under Rhode Island law the will is to be filed within 30 days after death.

Someone must step forward to petition the probate court to become the Guardian for the individual. The individual and their family must be notified of the petition by the court. A guardian-ad-litum will meet with the individual to assess what the individual may want and what may be in the persons best interest.

The process for appointing a conservator is very similar to the process for appointing a guardian. Our attorney files a petition with the court that includes facts showing the respondent is financially incapable and has money and property with amounting to a total determined by law.

If a person dies with less than $15,000 of personal property, probate may be shortened under the "small estate" provision. The executor of the estate will have to file the necessary forms with the probate court, but the waiting time for the closure of these estates is typically much shorter and far less costly.

Unlike guardianship, adoption is not temporary; it's a permanent decision that legally separates a child from their legal/biological parents. After an adoption, a child's legal or biological parents cannot reclaim the rights to their child.

In Rhode Island, city and town Probate Courts oversee the guardianship process and issue guardianship orders. The process of obtaining guardianship and the requirements for granting guardianship are established by state law. After a court appointment, the guardian becomes a substitute decision-maker for the ward.

The Guardian ad litem in a pending case shall protect the interests of the child who is a witness in any judicial proceeding related to the case in which the Guardian ad litem has been appointed. The Guardian ad litem shall explain, when appropriate, the Court proceedings and process to the child.

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Rhode Island Conservatorship Questionnaire