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A Rhode Island power of attorney is a legal form that provides the authorization for a person, referred to as the agent or attorney-in-fact, to make financial decisions, healthcare decisions, real estate decisions, or estate decisions on behalf of the person granting this authority. A Rhode Island POA is often used in the estate planning process, but there are also many times when it is a useful tool.
Quick Reference:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or the attorney-in-fact.
A Rhode Island power of attorney is a legal form that must comply with the Rhode Island Short Form Power of Attorney Act, Chapter 18-16. These laws specifically outline the parameters of a legally enforceable power of attorney document. They ensure that the form, as well as its duties, are protected under the law. Here are some of the state’s power of attorney requirements:
The principal has the right to explain within the body of the power of attorney which powers the agent can and cannot use on their behalf. The principal has the legal right to revoke (terminate) the power of attorney, even if it is durable, as long as they are competent. The power of attorney also terminates when:
There are many reasons why someone would use a Rhode Island power of attorney to give another person the ability to make decisions related to their tangible personal property, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
Each person’s need for a power of attorney can be different. There are many different powers of attorney. Before deciding which to use, seek legal advice to determine which is best to suit your needs. You can also ask how to revoke the power of attorney in case it becomes necessary for you to do so. Here are the most common Rhode Island powers of attorney.
General Power of Attorney
A general power of attorney grants decision making power to the agent on behalf of the principal.
Durable Power of Attorney
A durable power of attorney is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney.
Limited Power of Attorney
A limited power of attorney grants limited power to whatever the principal specifies.
Health Care Power of Attorney
A health care power of attorney allows the agent to make medical decisions on behalf of the principal.
Guardian of Minor Power of Attorney
A guardian of minor power of attorney allows a parent or guardian to grant decision-making rights over their child to a temporary guardian in the instance that the parent or guardian may not be present during a medical emergency.
Real Estate Power of Attorney
A real estate power of attorney grants power to the agent, allowing them to buy, sell, and manage real estate on the principal's behalf on accordance with §18-16-3.
Tax Power of Attorney
A tax power of attorney, officially known as Form RI-2848 allows the agent who is usually a qualified individual such as an accountant, to prepare and submit tax information to the State of Rhode Island and Providence Plantations on behalf of the principal.
Vehicle Power of Attorney
A vehicle power of attorney allows the agent to buy, sell, and handle the necessary paperwork with the Rhode Island Division of Motor Vehicles on the principal's behalf.
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