Power of Attorney
(Durable, General) (RI)

Summary

This template is a power of attorney used to authorize an agent to manage a principal's financial matters and property. This template may be used in Rhode Island. This template includes practical guidance, drafting notes, and alternate and optional clauses. This template is modeled on the statutory power of attorney form in the Uniform Power of Attorney Act, Unif. Power of Attorney Act § 301. Rhode Island has an optional statutory Short Form Power of Attorney, which also authorizes "the use of any other or different form of power of attorney upon mutual agreement of the parties concerned." See R.I. Gen. Laws §§ 18-16-2(a), 18-16-12. A power of attorney in substantially the same format as this template may be used to create a power of attorney under Rhode Island law. While the Uniform Power of Attorney Act has not been adopted in Rhode Island, use of the statutory form has multiple advantages, including uniformity among practicing attorneys and increased acceptance by third parties in other jurisdictions that have adopted the Uniform Power of Attorney Act. This template follows the default provisions of the Act but has been tailored to address Rhode Island-specific requirements. It can be modified, as necessary, to reflect individual client circumstances. Two additional templates should be used in conjunction with this power of attorney: (1) Important Information for Agent (Unif. Power of Attorney Act § 301) and (2) Agent's Certification of Facts (Unif. Power of Attorney Act § 302). Rhode Island has not specifically adopted these requirements by statute, however they still have significant value for clients. The Important Information for Agent contains guidance for the agent regarding his/her/their duties and obligations and provides instructions with respect to proper document execution. The Agent's Certification of Facts can be used if a financial institution or other person or business refuses to act on the power of attorney without further documentation or supporting information. It is important to note, however, that because Rhode Island has not adopted the Uniform Power of Attorney Act, financial institutions in Rhode Island may still require a copy, or even in some instances a review, of the original power of attorney executed by the principal. This power of attorney template does not address health care or medical decision-making. For an advance health care directive form that may be used in Rhode Island, see Power of Attorney for Health Care (Statutory Long Form) (RI). For more Rhode Island -specific documents, see Will for Single Individual (Optional Trust(s) for Children) (RI), Will for Individual with Spouse or Partner (Optional Trust(s) for Spouse and/or Children) (RI), and Standby Guardian Designation (RI).