AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE OFFICE OF THE ELDER ADVOCATE (Establishes the office of the elder advocate to promote the rights of older adults in Rhode Island.)

S2686

2026 -- S 2686
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE OFFICE OF THE ELDER
ADVOCATE

Introduced By:
Senators McKenney, Raptakis, Bissaillon, Britto, Gu, and Tikoian

Date Introduced:
February 27, 2026

Referred To:
Senate Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND
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GOVERNMENT" is hereby amended by adding thereto the following chapter:
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CHAPTER 66.14
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THE OFFICE OF THE ELDER ADVOCATE
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42-66.14-1. Short title.

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This chapter shall be known and may be cited as the "Office of the Elder Advocate Act".
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42-66.14-2. Purpose.

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Older adults are the fastest-growing population in Rhode Island; however, their voices are
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often fragmented across agencies and programs. While the long-term care ombudsman can address
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the rights of residents living in licensed long-term care facilities, the majority of older adults– those
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living in their own homes and independent housing– lack a dedicated, independent advocate able
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to protect their rights. The purpose of the elder advocate is to promote the rights, dignity, and well-
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being of older Rhode Islanders holistically across settings including, but not limited to, issues
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relating to age discrimination, financial exploitation, housing, access to benefits, guardianship and
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identifying systemic service gaps.
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42-66.14-3. Definitions.

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As used in this section:
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(1) "Elder advocate" means the person provided for in § 42-66.14-4.

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(2) "Office" means the office of the elder advocate.
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(3) "Older adult" means an individual sixty (60) years of age or older.
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42-66.14-4. Establishment -- Appointment -- Term.

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(a) The office of the elder advocate is hereby established.
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(b) The governor, with the advice and consent of the senate, shall appoint a member of the
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bar who has practiced law for at least five (5) years in Rhode Island to fill the office of the elder
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advocate. The appointee shall be a person qualified by training and experience in legal matters
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pertaining to elder rights, government benefits, elder abuse and neglect, and guardianship.
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(c) The elder advocate shall hold office for a term of five (5) years and shall continue to
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hold office until their successor is appointed and qualified.
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42-66.14-5. Duties.

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(a) The elder advocate and/or designee shall have the following duties:
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(1) Receive and respond to complaints from individual older adults regarding issues related
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to infringement of their rights;
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(2) Advocate for systemic improvements in aging services and protections;
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(3) Monitor state agencies and programs for elder responsiveness and equity;
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(4) Educate the public on elder rights, services, and protections;
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(5) Convene stakeholders, including older adults, caregivers, and community leaders; and
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(6) Refer individual facility complaints to the long-term care ombudsman, while retaining
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authority over broader systemic issues.
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42-66.14-6. Authority.

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(a) The elder advocate and/or designee shall have the right and power to:
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(1) Communicate privately, by mail or orally, with any older adult seeking assistance from
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the office for matters related to infringement of their rights;
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(2) Where authorized, access, inspect, copy, and/or subpoena documents in the custody of:
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(i) Clerks of the family and probate courts;
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(ii) Law enforcement agencies;
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(iii) Healthcare providers within and beyond the State of Rhode Island with whom an older
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adult has sought or received medical attention or treatment;
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(iv) State agencies; and
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(v) Any other public or private entity.
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(3) Take whatever steps are appropriate to see that persons are made aware of the services
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of the office, its purpose, and how it can be contacted; and
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(4) Apply for and accept grants, gifts, and bequests of funds from state agencies, other

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states, federal and interstate agencies and independent authorities, and private firms, individuals
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and foundations, for the purpose of carrying out the provisions of § 42-66.14-2. Such funds shall
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be deposited with the general treasurer in a restricted receipt account established within the office
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to permit funds to be expended in accordance with the provisions of the grant or bequest.
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42-66.14-7. Designees of elder advocate.

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The elder advocate may appoint staff and designees as may be deemed necessary, whose
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powers and duties shall be those imposed upon the elder advocate by law and shall be performed
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under and by the advice and direction of the elder advocate.
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42-66.14-8. Appropriations.

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(a) The general assembly shall annually appropriate such sums as it may deem necessary
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for payment of:
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(1) The salary of the elder advocate;
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(2) The salaries of the person(s) appointed pursuant to § 42-66.14-7;
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(3) Legal and administrative assistance as may be necessary; and
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(4) Office expenses and other actual expenses incurred by the elder advocate in the
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performance of the elder advocate's duties.
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(b) The state controller is hereby authorized and directed to draw their orders upon the
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general treasurer for the payment of the sum(s) provided for in subsection (a) of this section, as
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may from time to time be required, upon receipt of proper vouchers approved by the elder advocate.
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42-66.14-9. Reporting.

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Annually, the elder advocate shall submit a detailed report analyzing the work of the office
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and any recommendations resulting therefrom to the governor, the speaker of the house of
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representatives, and the president of the senate.
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42-66.14-10. Confidentiality.

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(a) Any and all records of the office pertaining to any older adult who has sought assistance
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or is being assisted by the office shall be considered confidential.
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(b) Any and all information contained in the records provided for in subsection (a) of this
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section shall not be disclosed publicly in any manner that would identify any individual; provided,
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however, that such records may be made disclosed to persons with the authorization of the older
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adult or upon application and for good cause shown by the family court.
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42-66.14-11. Exemption from court fees, charges.

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Any older adult who is represented by the office shall not be required to pay any fees to
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any district, superior, family, or supreme court of this state, or the clerks thereof, or any fees or
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charges for the services or travel of deputy sheriffs for serving any writ, citation, subpoena, or other

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process or for making copies of the writs.
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42-66.14-12. Indemnification.

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The State of Rhode Island shall protect and hold harmless any attorney, investigator, social
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worker, or other person employed by the office and/or any volunteer appointed by the elder
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advocate, from financial loss and expense, including legal fees and costs, if any, arising from any
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claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of
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the person’s duties within the scope of the person’s employment or appointment which may
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constitute negligence as determined by a court of competent jurisdiction; provided, however, that
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wanton, malicious, or grossly negligent acts shall not be subject to such indemnification.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE OFFICE OF THE ELDER
ADVOCATE
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This act would establish the office of the elder advocate to promote the rights of older
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adults in Rhode Island.
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This act would take effect upon passage.
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