The Rhode Island power of attorney enables one person, the principal, to authorize another person, the agent, to act on their behalf before governmental, financial, medical, and other organizations.
The Rhode Island power of attorney usually contains the following elements:
Details about the principal and the agent
List of powers delegated to the agent
Details about the successor agent (optional)
The moment or date a power of attorney becomes effective
Power of attorney duration
Signature of the principal
Signatures of the witnesses (for certain types of power of attorney)
Notary public acknowledgment
Based on the above elements, different types of Rhode Island power of attorney templates are suitable for your specific situation.
Types of Power of Attorney in Rhode Island
Rhode Island Durable (Statutory) Power of Attorney Requirements
This type of Rhode Island power of attorney remains effective even if the principal loses the capacity to act and make decisions. In Rhode Island, a statutory power of attorney is considered durable unless it is otherwise provided in the text.
Rhode Island General (Financial) Power of Attorney Requirements
The general power of attorney in Rhode Island gives the agent the authority to take all the necessary actions that are in the principal’s best interest. The principal can also authorize the agent to represent them before all third parties or provide a list of third parties the agent can interact with.
Rhode Island Limited (Special) Power of Attorney Requirements
You can use the limited power of attorney to enable the agent to take only certain actions on your behalf. Every action the agent takes that is not provided in the document will be seen as unauthorized.
Rhode Island Parental (Minors) Power of Attorney Requirements
The parent or guardian of a child in Rhode Island can use this document to authorize another person to make decisions regarding the child’s education, healthcare, and other matters. Although the state law doesn’t provide any limitations on how long this power of attorney can be effective, the parties usually limit it to 6 months.
Rhode Island Medical Power of Attorney Requirements
The principal issues the medical power of attorney to authorize the agent to make decisions about their healthcare on their behalf in case they become unable to do so. This document can also include the “Living Will,” which provides instructions for end-of-life treatment options.
Rhode Island Springing Power of Attorney Requirements
This type of power of attorney in Rhode Island becomes effective only after a certain date or certain event. The principal usually provides that the document becomes effective only if the principal becomes incapacitated.
Rhode Island Vehicle Power of Attorney Requirements
The vehicle power of attorney enables the agent to:
Scope of Authorization
Sell or buy the vehicle on behalf of the principal.
Apply for, renew, or cancel the registration.
Apply for the vehicle title or release the title.
Obtain the loan or finance the vehicle.
Sign documents related to the vehicle.
Negotiate and set the insurance claims.
Operate the vehicle on behalf of the owner.
Rhode Island Revocation Power of Attorney Requirements
If you wish to revoke the previously issued power of attorney, you can use the Rhode Island power of attorney. You must identify the previously issued document by providing the date it was signed and the name of the agent and list it in the revocation power of attorney.
Rhode Island Tax Power of Attorney Requirements
This type of power of attorney in Rhode Island enables the agent to take care of the principal’s tax-related matters and interact with the Rhode Island tax authorities on their behalf.
If the agent is not an attorney, certified public accountant, licensed public accountant, or enrolled agent, the document must be acknowledged by 2 witnesses or a notary public.
Rhode Island Real Estate Power of Attorney Requirements
You can use this document to give authority to another person to manage and maintain the property on your behalf. It can also be used to enable the agent to complete a certain real estate transaction.
Legal Requirements for a Power of Attorney in Rhode Island
When issuing the Rhode Island power of attorney, make sure it fulfills the following requirements:
Witnesses. When issuing the medical and tax power of attorney, the document should also be acknowledged by 2 witnesses.
Signatures. Every Rhode Island power of attorney must be signed by the principal. However, if you’re issuing the tax power of attorney, both principal and the agent must sign the document.
Notarization. Every Rhode Island power of attorney must be signed in the presence of the notary public. (§ 18-16-2(b))
Mental capacity. The principal must have the mental capacity to understand their actions when signing a power of attorney.
Who Can Be an Agent for a Power of Attorney in Rhode Island
The agent in Rhode Island must be at least 18 years old and have legal capacity.
Additionally, you should also pay attention to the following:
The ability and willingness of the agent to represent you
Agent’s professional skills (for dealing with tax and legal matters)
The principal can name two or more people to act as co-agents. The co-agents act jointly unless it is explicitly provided that they are acting separately.
You can also name the successor agent who will act in case the primary agent cannot do so.
How to Create a Rhode Island Power of Attorney
Power of Attorney in Rhode Island
#1. Decide on Which Type of Document to Use
Depending on the matter you need the agent to handle on your behalf and the duration of your power of attorney, you should choose the appropriate type of document.
#2. Select an Agent
You should choose a person who is capable and willing to represent you and who also has the necessary knowledge to efficiently protect your interests.
#3. Define the Agent’s Powers
Here, the principal can issue the general power of attorney and enable the agent to take all actions that are in your interest or provide a list of actions their agent is allowed to take by issuing the limited power of attorney.
#4. Download & Fill in Our Form
The best and fastest way to get a Rhode Island power of attorney that is in line with all the state requirements is to download one of our templates available on our website.
#5. Get It Signed & Notarized
Every Rhode Island power of attorney must be signed by the principal. In addition, every such document must also be acknowledged by the notary public or other authorized body.
#6. Safely Store the Original Copy
The principal should keep the original Rhode Island power of attorney in their possession.
#7. Provide Copies to Relevant Parties
The agent should also have one copy of the document to prove their capacity to any third party. Additionally, when possible, you should also give a copy to every third party the agent is interacting with on behalf of the principal.
#8. Update the Document as Needed
Every time some of the details about the principal, agent, or scope of authority change, you should update the document by issuing a new power of attorney with the updated information.
How Long Does a Power of Attorney Last in Rhode Island?
A Rhode Island power of attorney becomes effective on the day the principal signs it or after the determined date or event.
The document terminates after the expiration date set in it, after the revocation of the document, or after the agent completes the task they are authorized for.
Moreover, a power of attorney can also terminate after the death or incapacity of the principal or after the death or resignation of the agent (if there is no co-agent or successor agent).
Rhode Island Power of Attorney FAQ
You should use the Rhode Island power of attorney in every situation where you are unable to act on your behalf due to health reasons, military deployment, or moving abroad.
A power of attorney grants authority to the agent to represent the principal before third parties.
Yes, every power of attorney in Rhode Island must be acknowledged by the notary public or other relevant body.
Even if you’ve already created a will, you should also have a power of attorney. The main purpose of a will is to allocate your property after you’ve passed away, while a power of attorney is effective only during your lifetime.