A Rhode Island durable power of attorney allows someone to designate an agent to act on their behalf when it comes to financial and business matters. Because the form is durable, this authority remains effective even if the person granting the power (“the principal“) becomes incapacitated. The DPOA is no longer valid if the principal dies.
To grant durable power over medical decisions, you need a medical power of attorney.
In Rhode Island, a principal can appoint more than one agent to act at the same time. If none of them is advisable, you can appoint a successor agent.
Read on to learn how to use a DPOA form in Rhode Island.
Rhode Island Durable Power of Attorney Requirements
In Rhode Island, power of attorney forms can be made durable by including language that states the power of attorney continues indefinitely.
Relevant Laws: Chapter 18-16 (Rhode Island Short Form Power of Attorney Act)
Presumed Durable: No, but you can add language to make the power of attorney durable. § 18-16-2
Signing: Signature required. Witnesses are not required.
Notarization: The signature must be acknowledged before a notary public or other authorized official. § 18-16-2
Statutory Form: Yes — § 18-16-2
How to Fill Out a Rhode Island DPOA Form
Follow these steps to complete a blank durable power of attorney form for Rhode Island.
Step 1: Designate an Agent
First, you need to name someone to act on your behalf. Ideally, someone you can trust and who understands what a power of attorney is.
Once you’ve chosen the agent, both of you should write your names and addresses at the top of the durable power of attorney form. At this point, you can also consider adding a co-agent or successor agent as well.
Step 2: Grant Authority
Next, you should mark on the form the areas of your life you want to give the agent legal power over. They can have broad or limited powers, depending on your needs.
Here are the most common subject areas you can select from:
- real estate
- banking and finance
- retirement and investments
- business operations
- government benefits
- personal and family maintenance
You can also add on the form specific instructions about which actions the agent can perform on your behalf.
Step 3: Ensure Your Form is Durable
In Rhode Island, a power of attorney can be made durable by stating the power of attorney will be of indefinite duration.
Step 4: Sign and Date the Form
To complete the paperwork, the agent and the principal sign and date the durable power of attorney form.
In Rhode Island, your DPOA form should also be notarized.
Storing and Using Your Form in Rhode Island
Once you create your durable power of attorney form, store it in a safe deposit box and give your agent a copy of the form so that he or she can act on your behalf. You should also share a copy of it with family members, friends, and third parties where it will be used (such as your bank, state agency, or other intitutions).
Signing on Behalf of the Principal
When needed, the agent can sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Rhode Island
You can revoke a durable power of attorney if you complete and file a revocation of power of attorney.