Introduced By: Representatives Heffner, Simonian, Lewiss and Scott
Date Introduced : March 23, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 33-15 of the General Laws entitled "Limited Guardianship and Guardianship of Adults" is hereby amended by adding thereto the following sections:
{ADD 33-15-4.1. Good Samaritan guardians. -- ADD} {ADD (a) Any person who files a petition for a guardianship of the person for a guardianship of the person pursuant to the provisions of this chapter may also file to be qualified as a good Samaritan guardian. A good Samaritan guardian may be appointed by the probate court in those instances where the court determines that the estate of a proposed ward is insufficient to pay for the services of a guardian and that such an appointment would otherwise be in the best interests of the individual for whom the guardianship is proposed. ADD}
{ADD (b) A person filing for appointment of a good Samaritan guardianship shall file all the forms required by this chapter to initiate a guardianship petition and shall file an additional form setting forth the qualifications of the proposed guardian to serve as a good Samaritan guardian. Such forms shall be prepared by the probate court and shall include, but not be limited to, the following information: ADD}
{ADD (1) The experience, if applicable, of the proposed guardian; ADD}
{ADD (2) The willingness of the proposed guardian to serve as said good Samaritan guardian; and ADD}
{ADD (3) A statement that if appointed as a good Samaritan guardian, such person shall not seek any fees and/or monetary compensation for their services as a good Samaritan; provided, that this shall not be construed to prohibit the good Samaritan guardian from soliciting and/or utilizing charitable donations for and on behalf of the individual under guardianship. ADD}
{ADD (c) The appointment of a good Samaritan guardian shall be in the discretion of the probate court. ADD}
{ADD (d) Except as otherwise provided for herein, hearings on and notice of the application for and appointment of a good Samaritan guardianship shall proceed in the same manner as any other petition for guardianship pursuant to the provisions of this chapter. ADD}
{ADD 33-15-4.2. Waiver of filing fees for good Samaritan guardianships. -- ADD} {ADDThe probate court may on exporting application, issue orders providing the payment of a filing fee in cases of a good Samaritan guardianship, prior to the filing of the petition. The probate court shall provide forms for such application for waiver of fee. ADD}
{ADD 33-15-4.3. No cash surety required. -- ADD} {ADDNotwithstanding the provisions of R.I.G.L. section 33-17-1.3, surety shall not be required on any bond of a good Samaritan guardian unless the probate court determines that the circumstances so warrant surety. ADD}
{ADD 33-15-4.4. Immunity of good Samaritan guardians. -- ADD} {ADDNo person acting as a duly appointed good Samaritan guardian pursuant to the provisions of this chapter, will in the performance of their duty and responsibility as such a good Samaritan guardian, shall be liable for civil damage which result from acts or omissions by such persons so acting, which may constitute ordinary negligence. This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton conduct. ADD}
{ADD 33-15-4.5. Continuing duties of good Samaritan guardians. -- ADD} {ADDExcept as otherwise provided for in sections 33-15-4.1 - 33-15-4.4, a good Samaritan guardian shall be subject to all other duties and responsibilities required of a guardian under this title, including but not limited to the provisions pertaining the accountings; provided, that the probate court may waive any and all filing requirements and court fees associated with the guardianship, if in its discretion such waivers is warranted. The probate court may modify amend and/or revoke the good Samaritan guardianship upon the discovery or addition of assets to the individual's estate and/or which otherwise make it inequitable for the guardian to continue to serve as a good Samaritan guardian. ADD}
SECTION 2. This act shall take effect upon passage.
