Embedded Files
§ 33-15-1 RI Guardianship Law – Intent
The legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives that person of all his or her civil and legal rights...
establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them...
that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in his or her own behalf.
This chapter shall be liberally construed to accomplish this purpose.
Alternatives to Guardianship:
(information obtained from Kevin Nerney – Rhode Island Developmental Disabilities Council)
Release of Information
A specific release to allow access to health, financial, or educational documents
Power of Attorney
Gives authority to another person to act on your behalf
Can be used for multiple areas: Health, Finance, Education, etc...
Can be broad – similar to the appointment of a guardianship (except it is revocable)
Can be less restrictive to include language asking for assistance rather than giving full authority
Advocate
Established under the Rights for Persons with Developmental Disabilities
RIGL § 40.1-26-2(1)
Parental Successor
Parents can name a successor “parent” if adult child is serviced by the Rhode Island Division for Developmental Disabilities
RIGL § 40.1-23
Supported Decision Making
“Provide assistance in gathering and assessing information, making informed decisions, and communicating decisions for adults who would benefit from decision-making assistance.”
"Give supporters legal status to be with the adult and participate in discussions with others when the adult is making decisions or attempting to obtain information.”
“Enable supporters to assist in making and communicating decisions for the adult but not substitute as the decision maker for that adult.”
“Establish the use of supported decision-making as an alternative to guardianship.”
Fiscal Alternatives
Fiscal Alternatives
Representative Payee: Allows for someone else to handle Social Security check. Established by SSA, can only be modified/revoked by SSA
Trusts: Preserve eligibility for Government benefits
Money Manager: Hire an individual to handle: Monthly bills, Investments, Contact financial institutions
Online Banking: Automatic deposit, Automatic bill pay, Email alerts
Joint Accounts: Can require one or two signatures
Bank Cards: Can have set funds per week or month, Limited withdrawals amounts
Credit Cards: Limited use or opt out programs
Support/information regarding Alternatives to Guardianship:
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