Recent Legislation Brings Rhode Island out of the Past and into the Present in the Area of Adult Guardianships

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On July 10, 2015, Rhode Island enacted significant legislation to address the ever-growing reality of incapacitated adults (persons having attained age eighteen) who need a guardian but spend time in more than one state.  Another key but unfortunate reason this legislation is important is the increase in family disputes resulting in the “snatching” of an incapacitated person by one family member who promptly takes the incapacitated to another state. Many states, including Massachusetts, have addressed these important multi-jurisdictional adult guardianship issues previously, and Rhode Island is finally “on-board” as well.  The Rhode Island legislation takes effect on January 1, 2016.

The Rhode Island law is titled “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act” and is found at Title 33 of the Rhode Island General Laws Chapter 15.2.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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