How to File for Guardianship in Rhode Island

The Filing Goes to Your Municipal Probate Court — Not a State Court

Rhode Island runs 39 separate municipal probate courts, one per city and town. You file in the court where the proposed ward currently lives. If you're in Cranston, you go to Cranston's probate court. If you're in Warwick, you go to Warwick's. Each court sets its own schedule and administrative fees, even though the legal standards and forms are the same statewide.

This decentralization catches families off guard. Unlike most states where you'd go to a county courthouse, here you're dealing with a town clerk's office that might hold probate sessions only once or twice a month.

Documents You Need Before You Walk In

The filing packet has three non-negotiable pieces:

Form PC-2.3 (Petition for Limited Guardianship or Guardianship). This is the statewide guardianship petition under R.I. Gen. Laws Chapter 33-15, including § 33-15-47. You name the proposed ward, list the specific powers you're requesting (person, estate, or both), identify all heirs-at-law, and — since the 2024 reform — check off which less restrictive alternatives you tried and explain in writing why each was insufficient.

Form PC-2.5 (Decision-Making Assessment Tool). For a non-temporary petition, the DMAT must be filed with the petition. The court may excuse it only for a temporary guardianship in extraordinary or emergency circumstances when other competent evidence is provided. The proposed ward's primary care physician completes it if available; otherwise, use a physician who has examined and treated them. Additional assessments may be submitted by professionals or others acquainted with the proposed ward. It evaluates capacity across five domains: memory, attention, judgment, communication, and physical mobility.

BCI background check. The proposed guardian submits fingerprints and gets a criminal background report from the Rhode Island Bureau of Criminal Identification at the Attorney General's office. The court won't act on the petition until this clears.

Walking Through the Filing Sequence

Step 1: Assemble the petition packet. Complete Form PC-2.3 with the ward's information, your relationship, and the specific powers requested. Attach the physician-completed DMAT and your BCI results.

Step 2: File at the town clerk's probate office. Bring the packet to the probate clerk in the municipality where the proposed ward lives. Pay the filing fee — the base statutory fee is $34, but total costs including mandatory newspaper advertising range from $88 (Newport) to $164 (Lincoln) depending on the municipality.

Step 3: Serve the proposed ward. A process server must personally deliver the petition and a plain-language, large-type notice of the hearing to the proposed ward at least 14 days before the hearing date. The server must be in plain clothes and read the notice aloud.

Step 4: Notify heirs and facilities. Mail copies to the ward's spouse (if any) and all heirs-at-law at least 10 days before the hearing. Send a copy to the administrator of any care facility where the ward lives. File an affidavit of service proving compliance.

Step 5: The court appoints a Guardian ad Litem. Once the petition is filed, the probate judge assigns a GAL — an independent court-appointed representative who visits the ward, interviews family members and service providers, and submits a report to the court at least three days before the hearing, unless the court waives that deadline.

Step 6: Attend the hearing. The petitioner must prove by clear and convincing evidence that guardianship is necessary and that less restrictive alternatives are insufficient. The proposed ward has the right to attend and call witnesses. If the proposed ward contests the petition, asks to limit the guardianship, objects to the proposed guardian, requests counsel, or the GAL finds counsel in their best interests and they have none, the court appoints counsel; counsel is at state expense if they cannot afford it.

The 2024 SDM Reform Changed What the Petition Requires

Since 2024, Rhode Island's amended R.I. Gen. Laws § 33-15-47 requires every guardianship petition to explicitly address Supported Decision-Making. The revised Form PC-2.3 now lists SDM alongside powers of attorney, living wills, trusts, and representative payees. For each alternative marked as "inappropriate," you must provide a written explanation of why it doesn't meet the ward's needs.

This isn't a rubber-stamp exercise. Tie each explanation to the ward's documented needs and the evidence supporting the requested powers.

After the Hearing: Bonds, Inventory, and Annual Reporting

If the court grants the petition, the guardian posts a probate bond — a financial guarantee of faithful duty. Some municipalities (like Westerly and North Smithfield) prohibit riders or amendments to bonds; any increase in the ward's assets requires an entirely new bond.

Within 30 days of appointment, you file a complete inventory of the ward's real and personal property, unless the court allows a longer period. Guardians of the estate then file annual accountings documenting all income, expenditures, and remaining assets. These accountings require a separate petition and court hearing for approval.

The Rhode Island Adult Guardianship & Alternatives Guide walks through each form field-by-field and includes a document assembly checklist so nothing falls through the cracks at your municipal probate court.

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