Rhode Island Durable Power of Attorney

Introduction

Key Things to Know

1. 1

   A durable power of attorney lets someone act for you. It names an agent, also called your attorney-in-fact, to handle your money, property, and business matters. Durable means the document keeps working even if you later become incompetent, which is usually why people set one up.

2. 2

   Your signature must be acknowledged before a notary. Under R.I. Gen. Laws 18-16-2, the document must be in writing and your signature acknowledged before a notary in the manner used for a real-property conveyance. Acknowledgment before a notary is the controlling execution formality.

3. 3

   No witnesses are required. The Rhode Island Short Form Power of Attorney Act states no witness requirement for the statutory short form financial power of attorney. Notarization, not witnesses, is what R.I. Gen. Laws 18-16-2 requires for a valid document.

4. 4

   Durability rides on the form's own clause. Rhode Island did not adopt the Uniform Power of Attorney Act, so a power of attorney is not automatically durable. Durability comes from the statutory form's language under R.I. Gen. Laws 18-16-2 stating the power of attorney shall not be affected by the subsequent incompetency of the donor. The form must carry that clause to survive incompetency.

5. 5

   Rhode Island publishes a statutory short form. Under R.I. Gen. Laws 18-16-2, a document qualifies as a statutory short form when it is in writing, duly acknowledged by the principal, and contains the exact wording of clause First set out in the statute. It covers financial and property matters only, not health care.

6. 6

   Powers are those listed on the form. The statutory short form lists the categories of authority you can grant, and you may strike and initial any powers you do not want to give. The Short Form Act does not contain a separate list of powers that need an express grant the way the Uniform Power of Attorney Act does.

7. 7

   Real-property use follows general recording law. The Short Form Act imposes no recording requirement, and R.I. Gen. Laws 18-16-3 lists the agent's real-estate powers without a recording mandate. If the agent will sign a deed or mortgage, confirm the practice under Rhode Island's general conveyance and recording law in Title 34 with the local land evidence records office.

Rhode Island Requirements for Durable Power of Attorney

• Sign and Acknowledge Before a Notary

  Under R.I. Gen. Laws 18-16-2, the power of attorney must be in writing and your signature must be acknowledged before a notary, in the manner prescribed for the acknowledgment of a conveyance of real property. Acknowledgment before a notary is the controlling execution formality under the Rhode Island Short Form Power of Attorney Act.

• No Witnesses Are Required

  The Rhode Island Short Form Power of Attorney Act states no witness requirement for the statutory short form financial power of attorney. R.I. Gen. Laws 18-16-2 requires only that your signature be acknowledged before a notary. Notarization, not witnesses, is what makes the document valid.

• Durability Comes From the Form Clause

  Durability is carried by the statutory form's own language under R.I. Gen. Laws 18-16-2 stating that the power of attorney shall not be affected by the subsequent incompetency of the donor. The form must include that clause for the agent's authority to survive your later incompetency.

• Rhode Island Has No Uniform-Act Default

  Rhode Island did not adopt the Uniform Power of Attorney Act, so a power of attorney is not durable by default the way it is in many UPOAA states. Under the Rhode Island Short Form Power of Attorney Act at Chapter 18-16, durability depends on the statutory form being used with its incompetency-survival clause, not on an automatic rule.

• Use the Statutory Short Form (18-16-2)

  Rhode Island publishes a statutory short form power of attorney at R.I. Gen. Laws 18-16-2. A document qualifies as a statutory short form when it is in writing, duly acknowledged by the principal, and contains the exact wording of clause First set out in the statute. It covers financial and property matters only and does not authorize health-care decisions.

• No Recording Mandate for Real Property

  The Rhode Island Short Form Power of Attorney Act imposes no recording requirement, and R.I. Gen. Laws 18-16-3 lists the agent's real-estate powers without a recording mandate. If the agent will sign a deed or mortgage, confirm the practice under Rhode Island's general conveyance and recording law in Title 34 with the local land evidence records office before the transaction.

• Powers Are Those Listed on the Form

  The statutory short form at R.I. Gen. Laws 18-16-2 lists the categories of authority you can grant, and you may strike and initial any powers you do not want to give. The Short Form Act does not contain a separate provision singling out powers that need an express grant, so the agent holds those powers the signed form describes.

• Revocation and Agent Duties Come From General Law

  The Rhode Island Short Form Act does not set out a statutory procedure for revocation or codify the agent's fiduciary duties. As a general principle, a principal with capacity may revoke by a signed writing and by notifying the agent and any institution relying on the document, and the agent acts as a fiduciary under Rhode Island common law. If the power of attorney was recorded, record the revocation too so it gives notice.