Free Rhode Island Durable Power of Attorney Form

A durable power of attorney remains legally effective even after the principal reaches incapacity, unlike a general power of attorney, which can end at that point unless the document says otherwise. This form only covers financial matters. For health care decisions, use the correct Rhode Island power of attorney form instead.

Rhode Island Signing Requirements and Laws

Rhode Island’s power of attorney law is the Rhode Island Short Form Power of Attorney Act, R.I. Gen. Laws 18-16-2. A statutory short form power of attorney must meet three requirements.

• It must be in writing.^[1.3]
• It must be acknowledged by the principal the same way a deed is acknowledged before it can be recorded.^[1.1]
• No provision of the chapter bars the use of any other or different power of attorney form the parties want to use.^[1.2]

The execution of this statutory short form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgement of a conveyance of real property.

Rhode Island’s statute does not say who must sign the document if the principal cannot sign it personally. It also does not say what happens if the document does not state a duration. Many people choose to have the power of attorney take effect right away and remain effective through incapacity, since that is what makes a power of attorney durable.

Rhode Island Durable Power of Attorney Form Details

How to Complete the Rhode Island Durable Power of Attorney Form

Completing the Rhode Island statutory short form power of attorney takes seven steps, from naming your agent, also called your attorney in fact, to signing before a notary. The form runs five pages. It covers which powers you grant, when the document takes effect, and who acts if your first agent cannot serve.

1. Identify the principal and agent. Enter your full name and address, then your agent’s full name and address on page 1.
2. Grant powers (A) through (N). The form lists 13 categories your attorney in fact may exercise, including real property, banking, insurance, claims and litigation, retirement plans, and tax matters. Initial the line before each power you want to grant, or initial only option (N) to grant all of them. Leave any power you do not want to grant blank.
3. Review the special instructions. Pages 2 and 3 include four pre-printed instructions covering a health information release, claims and reimbursements, retirement accounts, and digital assets. Add any extra instructions you want in the space provided.
4. Choose the effective date. On page 3, initial one of three options: effective immediately and durable, effective on a specific date you fill in, or effective only once you become incapacitated.
5. Name a successor agent. On page 4, you can name a successor agent to serve if your first agent cannot. If you named more than one agent earlier, this page also lets you specify whether they must act jointly or may act separately. Under the statutory short form, agents you name together must act jointly unless you specifically provide in the form that they are to act severally (R.I. Gen. Laws 18-16-2(f)).^[1.4]
6. Sign and date. On page 4, fill in the day, month, and year, then sign and print your name.
7. Sign the acknowledgment before a notary. On page 5, sign in front of a notary public, who completes the acknowledgment with the county, date, and your name.^[1.1]

The form itself states that its powers are broad, that you may revoke it whenever you wish, and that it does not authorize health care decisions for you.

Other Rhode Island Forms
Listed here are various other Rhode Island documents filled out by our users. Try our step-by-step builder to customize these forms to your needs.

• Rhode Island Last Will
• Rhode Island Living Will
• Rhode Island Bill of Sale

Frequently Asked Questions

This section answers common legal questions about the Rhode Island durable power of attorney form. It explains what makes the document durable. It also covers what happens if you skip the notarization and acknowledgment the law requires.

What Is a Rhode Island Durable Power of Attorney?

A Rhode Island durable power of attorney is a signed legal document that lets your agent, also called your attorney in fact, keep managing your financial affairs even after you reach incapacity. It differs from a standard power of attorney, which can end at that point unless the document says otherwise.

What Happens If a Power of Attorney Is Not Notarized?

In Rhode Island, a statutory short form power of attorney must be acknowledged by the principal the same way a deed is acknowledged for recording. Without that acknowledgment, the document does not meet the requirements for a statutory short form power of attorney under state law.^[1.1]

Download a Free Rhode Island Durable Power of Attorney Form

You can create and download your Rhode Island durable power of attorney form directly from FormsPal. The finished document follows the same statutory short form format this guide describes. Once you sign it and complete the notary acknowledgment, it meets Rhode Island law’s requirements for a statutory short form power of attorney.^[1.1]

Create a free high-quality Rhode Island Durable Power of Attorney Form online now!

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General information, not legal or tax advice.

Sources

1. R.I. Gen. Laws § 18-16-2.
   • 1.1 R.I. Gen. Laws 18-16-2(b)
   • 1.2 R.I. Gen. Laws 18-16-2(c)
   • 1.3 R.I. Gen. Laws 18-16-2(e)
   • 1.4 R.I. Gen. Laws 18-16-2(f)

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.