A Rhode Island power of attorney revocation nullifies any existing authority that a principal granted to another individual (the “agent”). For this revocation to be valid, you must inform all parties to the arrangement, including the appointed agent, secondary agents (if applicable), and relevant institutions who have a copy of the original POA.
If these parties don’t receive adequate notification, their actions remain valid if they continue to act on the principal’s behalf as long as they act in good faith. They also aren’t held liable for any outcome their actions may cause.
Legal Considerations
Statute – Rhode Island Short Form Power of Attorney Act (Title 18, Chapter 16).
Signing Requirements – § 18-16-2 – Although state law does not explicitly require that a revocation be notarized, it is advisable to do so.
Revocation and Termination
A power of attorney terminates in several cases, including the following:
- The principal dies.
- The agent dies or is incapable of performing or unwilling to perform their duties.
- The court appoints a fiduciary for the principal.
- The agent is the principal’s spouse, and the couple divorces (unless the document explicitly states otherwise).
- A court determines the agent isn’t acting in the principal’s best interests and revokes the document.
To revoke a POA, the principal can execute a new POA, specifying they’re rescinding the previous one. They may also compose a separate revocation form. Here are the steps if you decide to complete a separate form:
- Fill out a revocation form.
- Sign and have it notarized.
- Alert the former agent that they no longer have authority.
- Notify any third parties that store the now-invalid document.
- Destroy the original document in your records.
- Record the revocation in your local Rhode Island recorder’s office (this is only a requirement if you recorded the original document there).
Fees
- Notary: Notary fees may cost between $5 and $10, but they shouldn’t exceed $25.
- Recording: If you recorded the original document in your local recorder’s office, you can expect to pay between $20 and $50 to record the revocation document, which will finalize the revocation.
Resources
- Help RI Law – Offers legal help and representation to individuals earning low incomes.
- Rhode Island Public Defender – Provides various civil legal referrals for people needing assistance.
- RI Bar Association – Provides various legal resources for people looking for legal help in their communities.
Related Forms
Durable Power of Attorney
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public recommended.
Medical Power of Attorney
Signing Requirements: Two witnesses or notary public.
