CHAPTER 274

95-S 1133

Effective Without the Governor's Signature

Jul. 5, 1995.

AN ACT RELATING TO GUARDIANS AND CONSERVATORS -- ANNUAL ACCOUNTS

It is enacted by the General Assembly as follows:

SECTION 1. Sections 33-15-26 of the General Laws in Chapter 33-15 entitled "Limited Guardianship and Guardianship of Adults" is hereby amended to read as follows:

{ADD 33-15-26. Annual account. -- ADD} A limited guardian/guardian with authority to make decisions regarding the ward's estate, shall return to the probate court, in every year, his or her account, in the same manner as executors and administrators are by law required to do. The probate court shall monitor each limited guardianship/guardianship file. If the court finds that an annual accounting has not been filed, the court shall cite the limited guardian/guardian and demand that an accounting be filed within thirty (30) days. If the limited guardian/guardian fails to comply with such citation for thirty (30) days, without sufficient excuse, the limited guardian/guardian shall be accountable for the full value of the estate and property of his or her ward over which he or she had authority, and shall have no compensation; but the court may, upon the application of the limited guardian/guardian, excuse him or her from rendering an account in any year if satisfied that it is not necessary or expedient that it should be rendered.

{ADD Notwithstanding any provision of the general laws to the contrary, no municipality, its officers, and/or employees, individually or otherwise, shall be held civilly liable for failure to monitor guardianship estates. ADD}

SECTION 2. This act shall take effect upon passage.



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