(a)  At any hearing hereunder or upon application thereto, the district court, or family court in the case of a patient under eighteen (18) years of age, may appoint guardians ad litem to represent any patient in matters concerning the provisions of this chapter. It shall be the duty of the guardian ad litem to make an investigation of the facts, and to report the facts to the court with his or her recommendations if any.

Terms Used In Rhode Island General Laws 40.1-5-36

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Care and treatment: means psychiatric care, together with such medical, nursing, psychological, social, rehabilitative, and maintenance services as may be required by a patient in association with the psychiatric care provided pursuant to an individualized treatment plan recorded in the patient's medical record. See Rhode Island General Laws 40.1-5-2
  • 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.
  • Patient: means a person admitted voluntarily, certified or re-certified admitted to a facility according to the provisions of this chapter. See Rhode Island General Laws 40.1-5-2
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

(b)  The guardian ad litem shall be paid for his or her services, in an amount to be approved by the court, and the guardian ad litem’s services shall be paid from the estate of the patient, or if so ordered by the court, shall be paid by the state, and reimbursement shall be had by the state from the estate and assets of the patient, in the same manner as reimbursement for care and treatment is had by the state.

(c)  A party aggrieved by a final order of the court may seek review thereof in the supreme court by writ of certiorari in accordance with the procedures contained in § 42-35-16.

History of Section.
P.L. 1966, ch. 100, § 1; G.L. 1956, § 40-20-22, Reorg. Plan No. 1, 1970; G.L. 1956, § 40.1-5-22; P.L. 1974, ch. 119, § 1; P.L. 1976, ch. 140, § 19.