Rhode Island Temporary Guardianship Power of Attorney (Form PC-2.1)
With an ever-growing number of personal and professional demands to deal with, it has become increasingly common for parents and guardians to seek the help of their family and friends to assist with the care of their child. There are also instances wherein another party, such as a family member of the child, may believe that it is in the best interests of the child to be designated as their temporary guardian. Both of these cases may be put forward by filing a Rhode Island Temporary Guardianship Power of Attorney (POA) with the Probate Court. This form must be completed by a “Petitioner” who “petitions” for their wishes in regards to the guardianship be duly accepted.
Minor children are not mentioned in the Act that governs Power of Attorney arrangements in the state; the Rhode Island Short Form Power of Attorney Act. There is, however, mention of the delegation of powers concerning minor children in Title 33, Chapter 33-15.1 of the Rhode Island General Laws.
Chapter 33-15 of the Probate Practice and Procedure also provides for temporary guardianship to be granted over a minor child. Specifically, the following is stated: “The probate court for cause shown after notice, pending any application for the appointment of a limited guardian or guardian, or pending any appeal from a decree appointing a limited guardian or guardian, may, if it shall deem proper, appoint a temporary limited guardian or temporary guardian of the person and estate, or of the person or estate of the respondent.”
State Laws & Signing Requirements
State Laws – Rhode Island General Laws and Probate Practice and Procedure (Chapter 33-15)
Signing Requirements – The State of Rhode Island and Providence Plantations demands that the following requirements are duly carried out:
- The Petitioner signs the form,
- A Notary Public signs the form in acknowledgment that the Principal lawfully signed the document in their presence and “swore or affirmed the statements in the documents are truthful and accurate,” and
- The Probate Judge signs the form.