What Is a Rhode Island Power of Attorney?
A Rhode Island power of attorney lets a principal appoint decision-making authority to an agent. With the powers granted, an agent can act on behalf of the principal in health care, legal, or financial affairs. This document can be a valuable part of your estate planning, as it lets someone else take charge when you are not able to.
To create a power of attorney, the principal must have mental capacity and be at least 18. Under RI Gen L § 34-22-8, 17-year-olds can create a POA if they are in active military service during war.
Types of Powers of Attorney in Rhode Island
Unlike most states, Rhode Island has not adopted the Uniform Power of Attorney Act. Instead, it has codified its own version of the act known as the Rhode Island Short Form Power of Attorney Act. Under this act, you can grant various types of powers of attorney, depending on your goals and preferences.
Durable vs. Non-Durable Power of Attorney
A durable power of attorney allows an agent to continue acting for the principal even if the principal becomes incapacitated. A non-durable power of attorney is stricter, as its authority ceases once the principal becomes incapacitated. Per RI Gen L § 18-16-2, a POA is not presumed to be durable. You can add specific language to indicate that it will not expire upon your incapacitation, if desired.
Medical Power of Attorney
RI Gen L § 23-4.10 allows adults to make a Rhode Island medical power of attorney. It lets them, while they’re mentally competent, instruct someone else to make decisions for them if they become disabled. It may also allow them to instruct their physician to withhold or withdraw life-sustaining procedures.
You can write your medical power of attorney in Rhode Island to specify any preferences or limitations. For example, you can use the medical power of attorney to give your agent authority to manage pain relief but restrict them from making decisions about life-sustaining treatments.
Combine your health care power of attorney with a living will to ensure your end-of-life wishes are honored.
Financial Power of Attorney
The Rhode Island Short Form Power of Attorney Act lets principals grant different powers to an agent related to their financial affairs. For example, a power of attorney could give an agent the ability to take actions such as the following:
- buy or sell real estate
- procure new insurance contracts
- extend or terminate business contracts
- sign or deliver checks
- modify deposit accounts
- pay or contest taxes or assessments
Durable (Financial)
Lets the agent retain their powers even when you (the principal) become incapacitated.
Signing Requirements: Notary public (§ 18-16-2).
Medical
Allows an agent or proxy to manage your healthcare-related matters.
Signing Requirements: Two witnesses and a notary public. (§ 23-4.10-2).
Limited (Special)
Gives limited powers to your agent for a specific task (such as completing a single transaction).
Signing Requirements: Notary public.
Non-Durable (General)
Grants another person or entity permission to manage your financial affairs.
Signing Requirements: Notary public (§ 18-16-2).
Springing
“Springs” into effect in a certain situation, and ends at a time you specify.
Signing Requirements: Notary public.
Vehicle
Lets an agent handle vehicle titling and registration on your behalf.
Signing Requirements: Notary public.
Real Estate
Lets someone handle your real estate transactions on your behalf.
Signing Requirements: Notary public.
Tax (Form RI-2848)
Nominates an agent to handle your state tax affairs.
Signing Requirements: The principal and agent. If the agent is someone other than a CPA, a licensed public accountant, or an enrolled agent, a notary public or two witnesses must acknowledge their signature.
Minor (Child)
Delegates temporary caregiving authority to a trusted individual who will make decisions for your child.
Signing Requirements: Notary public.
Revocation
Terminates a previously effective power of attorney.
Signing Requirements: Notary public.
How to Write a Power of Attorney for Rhode Island
Fill in the state’s statutory form (found in RI Gen L § 18-16-2) or use our document builder to create a legally binding form. It walks you through each step to make it clear who has what powers.
First, input your name as the principal and the name(s) of your agent(s). Then, confirm what power you want to give them, whether it’s legal, financial, or medical. List the specific powers they will have, noting any restrictions or limitations. State the date that the document will go into effect and clarify when it will terminate, if at all.
Legal Requirements and Considerations for Rhode Island POAs
A Rhode Island power of attorney must meet the formatting requirements of the Statutory Short Form Power of Attorney established under RI Gen L § 18-16-2. Below, you can learn about other legal requirements and considerations for Rhode Island POAs.
Duration
A Rhode Island POA goes into effect as soon as the principal signs it, unless the document states that different circumstances cause it to become effective. It may last for an indefinite period or for a limited time, depending on its purpose.
Termination
The death of the principal or agent will cause a power of attorney in Rhode Island to end. Other events that signal the termination of this document include the following:
- the termination terms within the POA document are reached
- the agent resigns or becomes incapacitated
- the principal creates a revocation document
- the court orders a termination of the power of attorney
Whether the principal-agent relationship between spouses automatically terminates after a divorce depends on the terms of the power of attorney or the court’s divorce decree. In some cases, it may be necessary to sign a power of attorney revocation form.
Revocation
A revocation of a power of attorney form lets you revoke an existing POA. Once you complete it, you can give a copy to your agent and any agency that knows about the original document. This way, they will know that the agent no longer has the authority to act on your behalf.
Filing
While filing isn’t required by state law in most instances, you should still consider doing so. Filing your POA with relevant institutions will help them know who has the power to make decisions for you. If you’re writing a real estate POA, you may need to file a copy with your local town clerk’s office.
Signing and Notarization
The principal must acknowledge their signature before a notary public. The process for notarizing your form is simple, as we offer a comprehensive notary acknowledgement form.
