Free Rhode Island Durable Power of Attorney Forms

Rhode Island Durable Power of Attorney Laws

The term ‘durable’ is given no statutory definition by the state of Rhode Island in reference to a financial durable POA, but it is defined with regard to a healthcare POA in the state (R.I. Gen. Laws § 23-4.10-1.1(5)).

The Rhode Island Short Form Power of Attorney Act sets out the guidelines for creating a durable POA related to financial matters (R.I. Gen. Laws § 18-16-2). The Act states that the principal must voluntarily appoint a POA and that the agreement must be mutual between both parties.

For durable POA for healthcare in Rhode Island, it states that ‘Except as you otherwise specify in this document, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive.’ (R.I. Gen. Laws § 23-4.10-2)

It also states that the agent ‘must act consistently with [the principal’s] desires as stated in this document or otherwise made known’, setting out clear instructions for the agent.

Signing Requirements in Rhode Island

In Rhode Island, a durable POA must be witnessed by either two qualified adults or a public notary (R.I. Gen. Laws § 23-4.10-2(9)).

How To Write a Durable POA in Rhode Island

To write a durable POA in Rhode Island, you might choose to follow a printable template to ensure that you include all the necessary sections. Steps you should take to create your own durable POA form in Rhode Island include the following.

1. Assign an agent

The first thing you need to do before you create a durable POA is to decide on an agent. Remember that this individual or institution will be responsible for a range of financial matters relating to you.

You need to trust that they will act in accordance with your wishes and in your best interests. They must also be willing to be your agent, mentally competent, and of age.

2. Add personal details and contact information

Your durable POA needs to include personal details, including full legal name and addresses for both the principal and agent. You will also need to add the agent’s contact details.

3. Declaration

A durable POA must be signed voluntarily in Rhode Island. This means that the principal must be fully competent and aware of what is happening. You will need to include a statement from the principal attesting that they are creating this document with full competency and that they are of legal age to do so.

4. Set out preferences and instructions for agent

A durable POA can be used for a number of reasons in Rhode Island, which means that the instructions and preferences set out will be totally unique to your form.

The preferences and instructions need to be clear so that the agent can act in accordance with them.

5. Set duration and revocation terms

A durable POA remains in place as long as the principal allows it to, but they may also choose to revoke it, provided that they are mentally competent enough to do so.

The duration and revocation terms and processes must be set out transparently in the POA document, too.

6. Choose alternate agents

In some cases, an agent may not be able to carry out their role due to unforeseen circumstances. In these cases, having alternate agents named and in place is always a good idea.

You should include the personal details and contact details of two alternate agents in your POA.

7. Principal signature

A durable POA is not legally binding unless the principal has signed it.

8. Witnesses

In Rhode Island, all POAs must be witnessed by either a public notary or two qualified adults. Ensure you do this so your POA meets the standard for legal validity.

9. Effective date

The effective date is the date at which the POA comes into effect and is crucial in your durable POA document.