(a)  A court of this state lacking jurisdiction under § 33-15.2-203 has special jurisdiction to do any of the following:

(1)  Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;

(2)  Issue a protective order with respect to real or tangible personal property located in this state;

(3)  Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional or temporary order to transfer the proceeding from another state has been issued as provided under procedures similar to § 33-15.2-301.

Terms Used In Rhode Island General Laws 33-15.2-204

  • Conservator: means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 15 of Title 33. See Rhode Island General Laws 33-15.2-102
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Emergency: means circumstances that likely will result in substantial harm to a respondent's health, safety, or welfare, and in which the appointment of a guardian is necessary because no other person has authority to and is willing to act on the respondent's behalf. See Rhode Island General Laws 33-15.2-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 15 of Title 33. See Rhode Island General Laws 33-15.2-102
  • Home state: means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for the appointment of a guardian or issuance of a protective order; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition. See Rhode Island General Laws 33-15.2-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government or governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Rhode Island General Laws 33-15.2-102
  • Personal property: All property that is not real property.
  • Protective order: means an order appointing a conservator or another court order related to management of an adult's property. See Rhode Island General Laws 33-15.2-102
  • Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Rhode Island General Laws 33-15.2-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 33-15.2-102

(b)  If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court in such other state, if any, whether dismissal is requested before or after the emergency appointment.

History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.