§ 33-15.1-11 - Notice to spouse, children or heirs at law of ward. - Rhode Island Statutes

SECTION 33-15.1-11

   § 33-15.1-11  Notice to spouse, children orheirs at law of ward. – (a) No petition for guardianship of a minor shall be heard and no person shallbe appointed guardian of the person or estate of another unless notice of theapplication for appointment together with notice of the date, time and placeset for hearing has been given to the prospective ward's spouse, children,and/or heirs at law who would inherit the prospective ward's estate pursuant tothe terms of § 33-1-1.

   (b) Notice shall be given by the petitioner or his or herattorney at least ten (10) days before the date set for hearing on the petitionby regular mail, postage prepaid, addressed to the prospective ward's spouseand children at their last known addresses, or, if there be no children, thento the prospective ward's heirs at law next in line (under the rules ofdescent) as set forth in § 33-1-1 only at their last known address. Thepetitioner or his or her attorney shall at or prior to the hearing, file orleave to be filed an affidavit that notice was given setting forth the namesand post office addresses of the persons to whom the notice was sent and thedate of mailing thereof, together with a copy of the notice.

   (c) Should the petitioner have no knowledge of the existenceor whereabouts of any children or of any heir at law, an affidavit to thateffect filed with the court shall satisfy this notice requirement.

   (d) Notwithstanding any notice requirement of the petitioner,the court shall give notice of the petition by advertisement.