Rhode Island Probate Court Guardianship Minor

When a relative caregiver in Rhode Island needs a court-appointed guardian for a child's person or estate, the municipal probate court can appoint one under RIGL § 33-15.1-4. Here is how the process works.

The Filing: Form PC-2.2

Statewide Form PC-2.2 is Rhode Island's minor guardianship petition. You file it in the municipal probate court of the city or town where the child currently lives.

Rhode Island is unusual: instead of one centralized probate court, it has 39 separate municipal probate courts, one per city and town. Each has its own clerk, its own hearing schedule, and its own filing fees. Call the probate clerk in your municipality to confirm the current fee and find out when the court sits.

The petition asks for basic information about you, the child, the child's parents, and the reason guardianship is needed. You will need to describe the family circumstances — parental illness, incarceration, death, abandonment, or inability to provide care.

Notice Rules

Before the hearing, the statutory notice includes:

• The prospective ward's spouse and children must receive notice of the application and hearing by regular mail at least 10 days before the hearing. If the ward has no children, mail notice to the heirs at law next in line under § 33-1-1. The court also gives notice by advertisement (RIGL § 33-15.1-11).
• The child, if 12 years of age or older, must receive personal service at least 14 days before action on the application (RIGL § 33-15.1-10).
• If the petitioner has no knowledge of the existence or whereabouts of a child or heir at law, an affidavit to that effect satisfies the notice requirement (RIGL § 33-15.1-11(c)).

The statewide PC-2.2 form includes a parent or legal guardian consent section. If a parent cannot sign, ask the municipal probate clerk how to proceed under that court's requirements.

What Happens at the Hearing

The probate judge reviews the petition, hears from you (and from any parent who appears), and decides whether guardianship is in the child's best interest. If the petition is uncontested — meaning no parent objects — hearings are typically straightforward and brief.

If a parent contests the petition, the matter may be referred to Family Court, which handles disputed custody proceedings.

A minor who is 14 or older has the statutory right under RIGL § 33-15.1-5 to nominate their own guardian, subject to the court's approval.

What the Guardianship Order Gives You

A probate guardianship order gives you legal authority over the child's person — education, healthcare, residence, and day-to-day decisions. Depending on the petition, it can also cover the child's estate (any property or money belonging to the child).

With a guardianship order, you can:

• Enroll the child in school with full authority
• Consent to medical, dental, and mental health treatment
• Access the child's educational and health records
• Apply for benefits, insurance, and public assistance on the child's behalf
• Handle financial matters related to the child

What It Does Not Do

Probate guardianship does not terminate parental rights. The parent retains the legal right to petition the court to modify or end the guardianship. It also does not make you the child's adoptive parent — adoption requires a separate proceeding in Family Court.

Do You Always Need Guardianship?

Not necessarily. For school enrollment alone, RIGL § 16-64-1 allows enrollment through the in loco parentis pathway without any court order. For routine medical care with a cooperative parent, a signed consent letter may suffice.

Guardianship becomes the better route when:

• The parent is missing, incarcerated, or refuses to cooperate
• A child under 16 needs medical care and no parent is available to consent
• You need stable, long-term authority that institutions cannot question
• You want to apply for a child's passport, open accounts, or handle legal matters

Getting Legal Help

If you cannot afford an attorney, Rhode Island Legal Services (401-274-2652) provides free legal assistance to income-eligible families. The Rhode Island Center for Justice (401-491-1101) also handles guardianship and educational access cases.

The Rhode Island School and Medical Consent Guide walks through the probate court process alongside the informal options, so you can decide which path fits your situation before spending money on court filings.

See more Rhode Island guides →