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Power of Attorney in Rhode Island: Durable Wording, Notary, the Short Form and How to Get One
A Rhode Island power of attorney keeps working through incapacity only if its wording says so, and the optional statutory short form must be notarized. Here is what Rhode Island law says.
By naveen · Updated · How we research our guides
What to know
- A Rhode Island power of attorney survives your parent's later incompetency only if it contains words showing they intended that (R.I. Gen. Laws § 34-22-6.1).
- The optional Rhode Island Short Form Power of Attorney Act form must be acknowledged before a notary (§ 18-16-2); the general power of attorney sections we read don't require witnesses.
- To sell or mortgage real estate, the power of attorney must be signed, acknowledged and recorded like a deed (§ 34-11-34).
- Health care decisions need a separate document, a durable power of attorney for health care under chapter 23-4.10.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Rhode Island power of attorney lets your parent name an agent to act for them; it lasts through incompetency only if it says so, and the optional statutory short form must be notarized. Your parent is the "donor" or principal, and the agent is called an attorney in fact. Under R.I. Gen. Laws § 34-22-6, what the agent signs within that authority is as effective as if your parent had signed it. The General Assembly's statute lists for Titles 18 and 34 show no Uniform Power of Attorney Act chapter; Rhode Island's rules are a few short sections in chapter 34-22 plus an optional statutory form, so the wording of the document carries much of the weight.
What is a durable power of attorney in Rhode Island?
It's one that keeps working if your parent loses capacity, and in Rhode Island that isn't automatic. Under § 34-22-6.1, the writing must contain the words "This power of attorney shall not be affected by the incompetency of the donor", the springing version "This power of attorney shall become effective upon the incompetency of the donor", or "similar words showing the intent of the donor that the authority conferred is exercisable notwithstanding the donor's incompetency."
With that wording, "unless it states a time of termination, the authority conferred remains exercisable notwithstanding the lapse of time since the execution of the instrument." For why families set one up early, see our guide to power of attorney for an elderly parent.
What does Rhode Island require for a power of attorney to be valid?
To last through incompetency, a Rhode Island power of attorney must be in writing with durable wording (§ 34-22-6.1); the statutory short form and a real estate deed also need a notary's acknowledgment.
| Step | What the statutes say | Why it matters |
|---|---|---|
| A writing | Your parent designates the agent "by a power of attorney in writing" | Required for durability (§ 34-22-6.1) |
| Durable wording | Words showing the authority continues despite later incompetency | Without them, the sections we read don't make it survive incompetency (§ 34-22-6.1) |
| Notary acknowledgment | Required for the statutory short form | Also needed to record it for a real estate deed (§§ 18-16-2, 34-11-34) |
| Witnesses | Not listed in §§ 34-22-6 to 34-22-7 or chapter 18-16 | No witness rule in these sections |
Since the short form and real estate both call for a notary, having your parent acknowledge any power of attorney before a notary keeps those options open.
Is there an official Rhode Island power of attorney form?
Yes, an optional one. The Rhode Island Short Form Power of Attorney Act prints a "SHORT FORM POWER OF ATTORNEY" in § 18-16-2. Its warning says "The powers granted by this document are broad and sweeping," and that its use "is strictly voluntary." The statute adds that nothing in the chapter bars "any other or different form of power of attorney desired by the parties concerned."
The form lists subdivisions (A) to (J): real estate, chattels and goods, bonds and shares, banking, business operations, insurance, claims and litigation, military benefits, records and reports, and all other matters. "To strike out any subdivision the principal must draw a line through the text of that subdivision AND write his initials in the line opposite." Striking any of (A) to (I) also removes (J). If your parent names more than one agent, they "shall act jointly" unless the form says they may act severally.
To count as a statutory short form, it must be "in writing, has been duly acknowledged by the principal and contains the exact wording of clause First." The form's durable sentence, "This power of attorney shall not be affected by the subsequent incompetency of the donor," sits above a second signature line and acknowledgment.
When does it take effect, and when does it end?
It takes effect and ends when the document says. Section 34-22-6.1 recognizes both a power that works now and continues through incompetency, and a springing one that becomes effective "upon the incompetency of the donor." The sections we read don't set a procedure for determining incompetency, so a springing document needs to say how it will be shown.
On the short form, your parent chooses "indefinite duration" or an end date, and it can also end "by revocation, destruction or other affirmative action." If a court appoints a guardian or conservator, the agent "accounts to the guardian or conservator rather than the donor," and the guardian or conservator can "revoke, suspend, or terminate all or any part of the power of attorney." The sections we read don't address what divorce does to a spouse's authority as agent, so that is a question for the document itself.
What does the agent have to do?
The sections we read set one accountability rule: once a guardian or conservator is appointed, the agent accounts to them (§ 34-22-6.1). Sections 34-22-6 to 34-22-7 and chapter 18-16 don't list other agent duties or a record-keeping requirement. Under the short form's records power in § 18-16-11, the agent is authorized "To keep records of all cash received and disbursed for or on account of the principal," and a document can spell out reporting your parent expects.
Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Rhode Island power of attorney?
The sections we read don't require a bank to accept one, set a deadline or penalize a refusal. They protect people who do accept it:
- Good-faith reliance. Under § 34-22-6.1(b), "Any person who acts in good faith reliance on a power of attorney" that is authorized under that section "or is otherwise valid on its face, shall incur no liability as a result of acting in accordance with the instructions of the attorney in fact or agent."
- Payments. Under § 34-22-7, a person "making any payment in good faith in pursuance of a power of attorney, shall not be liable" if your parent had died or revoked it and the payer didn't know.
The Secretary of State's notary manual tells notaries that an agent signs "as attorney-in-fact" and that the notary may ask for "a copy of the power of attorney."
Does a Rhode Island power of attorney need to be recorded?
For real estate, yes. Under § 34-11-34, a conveyance by an agent is valid if the power "and the deed executed by the attorney thereunder shall be signed, acknowledged, delivered and recorded with like formalities prescribed by law concerning deeds from grantors in person." The recording fee schedule in § 34-13-7 lists a power of attorney at $45.
How do you get a power of attorney for an elderly parent in Rhode Island?
Your parent makes and signs it while able to, with durable wording and, for the short form, a notary. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory short form, or one drafted for your parent's situation.
- Make sure it includes durable wording from § 34-22-6.1 if it should last through incompetency.
- Go through the powers with your parent; strike out and initial any they don't want to grant.
- Your parent signs and acknowledges it before a notary, then gives the agent a copy and keeps the original somewhere safe.
Timing matters because your parent has to be able to sign. If that moment has passed, the family may need a Probate Court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Rhode Island?
Your parent can end it by revoking it; the short form recognizes ending it "by revocation, destruction or other affirmative action," though the sections we read don't prescribe a revocation form. Section 34-22-7 protects payers who didn't know of a revocation. A signed, dated written revocation, delivered to the agent and every bank or office holding a copy, and recorded if the power was recorded for real estate, leaves a clear record.
How much does a power of attorney cost in Rhode Island?
The statutory short form is free; the set costs are the notary's fee and, for real estate, a recording fee. The short form is printed in the statute. Under § 42-30.1-20.1, "A notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or notarization," and fees must be disclosed before the notarial act. The Rhode Island Secretary of State says notaries "may charge a fee of up to $25 per notarial act." Recording for real estate adds the $45 recording fee (§ 34-13-7). The statutes we read don't set attorney fees.
Frequently asked questions
Does a power of attorney need to be notarized in Rhode Island?
For the statutory short form, yes: § 18-16-2 requires it to be "duly acknowledged" like a deed. For real estate, § 34-11-34 requires acknowledgment and recording. The general sections, §§ 34-22-6 to 34-22-7, don't list a notary requirement, but notarizing keeps the short form and real estate options open.
Does a Rhode Island power of attorney need witnesses?
The sections we read, §§ 34-22-6 to 34-22-7, chapter 18-16 and § 34-11-34, don't require witnesses for a financial power of attorney. Witnesses come up for a different document: a durable power of attorney for health care needs two qualified adult witnesses or one notary under chapter 23-4.10.
Where can I get a Rhode Island power of attorney form?
The Short Form Power of Attorney is printed in R.I. Gen. Laws § 18-16-2 on the General Assembly's website. Using it is voluntary, and the statute allows any other form. To be a statutory short form, it must be in writing, acknowledged before a notary and contain the exact wording of clause First.
Can a Rhode Island power of attorney make medical decisions?
Chapter 18-16 and its form don't mention health care decisions. Rhode Island uses a separate durable power of attorney for health care under chapter 23-4.10, with its own statutory form and signing rules. Our guide to the Rhode Island living will and health care power of attorney explains it.
Is a Rhode Island power of attorney durable automatically?
No. Under § 34-22-6.1, it keeps working through your parent's later incompetency only if it contains words such as "This power of attorney shall not be affected by the incompetency of the donor," or similar words showing that intent. The statutory short form includes a durable sentence with its own signature line.
What if my elderly parent can no longer sign?
Then they can't make a power of attorney, and the family may need to petition the Probate Court in the city or town where your parent lives for a limited guardian or guardian. The petition form asks which less restrictive alternatives, including a durable power of attorney, were explored first.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Rhode Island it needs the right durable wording and, for the short form or real estate, a notary. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- R.I. Gen. Laws chapter 34-22, Powers: acts under a power of attorney (34-22-6), durable wording, guardians and good-faith reliance (34-22-6.1) and good-faith payments (34-22-7).
- R.I. Gen. Laws chapter 18-16, Rhode Island Short Form Power of Attorney Act: the statutory short form and acknowledgment (18-16-2) and the powers it grants (18-16-3 to 18-16-12).
- R.I. Gen. Laws § 34-11-34: conveying and recording real estate by power of attorney.
- R.I. Gen. Laws § 34-13-7: the recording fee for a power of attorney.
- R.I. Gen. Laws § 42-30.1-20.1: the notary fee cap.
- Rhode Island Secretary of State, Getting a document notarized: the $25 notary fee.
- Rhode Island Secretary of State, Notary Public Manual: notarizing for a person signing as attorney-in-fact.
- R.I. Gen. Laws § 33-15-47: the guardianship petition form and less restrictive alternatives.
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