2005 Rhode Island Code - § 33-15-7 — Guardians ad litem – Duties – Legally incapacitated respondents right to counsel – Termination of appointment of guardian ad litem.

    (a) Upon filing with the probate court clerk of a petition for the appointment of a guardian, a guardian ad litem shall be appointed for each respondent;

   (b) The guardian ad litem need not be an attorney;

   (c) The duties of a guardian ad litem shall include all of the following:

   (1) Personally visiting the respondent;

   (2) Explaining to the respondent the nature, purpose, and legal effect of the appointment of a guardian;

   (3) Explaining to the respondent the hearing procedure, including, but not limited to, the right to contest the petition, to request limits on the guardian's powers, to object to a particular person being appointed guardian, to be present at the hearing, and to be represented by legal counsel;

   (4) Informing the respondent of the name of the person known to be seeking appointment as guardian;

   (5) Reviewing the decision making assessment tool(s), petition for guardianship/limited guardianship, and the notice;

   (6) Interviewing the prospective guardian by telephone or in person; and

   (7) Making determinations, and informing the court of those determinations, on all of the following:

   (i) Whether the respondent wishes to be present at the hearing.

   (ii) Whether the respondent wishes to contest the petition.

   (iii) Whether the respondent wishes limits placed on the guardian's powers; and

   (iv) Whether the respondent objects to a particular person being appointed guardian;

   (v) Whether the respondent wishes to be represented by legal counsel.

   Unless waived by the court, at least three (3) days prior to the hearing, the guardian ad litem shall file a report substantially in the form as set forth in § 33-15-47 with the court and shall mail or hand deliver a copy to each attorney of record.

   (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. If the respondent is indigent, the state shall bear the expense of 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. If the respondent is indigent, the state shall bear the expense of legal counsel.

   (f) If the respondent has legal counsel appointed pursuant to subsection (d) or (e), the appointment of a guardian ad litem shall terminate.