(a)  A parental successor may be designated by an acknowledged document in a form to be prescribed by the department of behavioral healthcare, developmental disabilities and hospitals; by the last will and testament of the person or persons having the right to make the nomination; or by formal appointment by the probate court in the city or town in which the petitioner or at least one of several petitioners reside.

Terms Used In Rhode Island General Laws 40.1-23-3

  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Probate: Proving a will
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  Court appointment shall be by petition heard ex parte as a probate matter without notice, unless required by the court. Any designation or appointment of a parental successor may also designate or appoint one or more eligible persons or organizations to serve as successors to the first-named parental successor in the event of the unwillingness, inability, incapacity, or resignation of the first parental successor.

History of Section.
P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-3; P.L. 1979, ch. 39, § 1.