Power of Attorney in Rhode Island: How to Set One Up

Most people start looking for a Rhode Island power of attorney after something has already gone wrong — a parent's hospitalization, a bank that won't release funds, or a real estate closing that can't wait. The problem is that Rhode Island hasn't adopted the Uniform Power of Attorney Act, which means the rules here differ from most other states in ways that catch people off guard.

Rhode Island Uses Two Separate Statutory Forms

The first thing to understand is that Rhode Island treats financial and healthcare authority as two entirely separate legal instruments, governed by different chapters of state law.

A financial power of attorney falls under the Rhode Island Short Form Power of Attorney Act (RIGL Chapter 18-16). This authorizes your agent to handle banking, real estate transactions, investments, tax filings, and other financial matters. It requires only your signature acknowledged before a notary public — no witnesses needed.

A healthcare power of attorney is governed by RIGL Chapter 23-4.10. This authorizes your agent to make medical treatment decisions if you become incapacitated. You must be a Rhode Island resident, and the document requires either one notary public or two qualified adult witnesses who aren't related to you and don't work for your healthcare provider.

You cannot combine these into a single document. You need two separate forms, each properly executed under its own set of rules.

The Durability Problem Most People Miss

Here's where Rhode Island trips people up. Because the state hasn't adopted the Uniform Power of Attorney Act, a power of attorney is not durable by default. If your document doesn't contain a specific survival clause, your agent's authority terminates the moment you become mentally incapacitated — exactly when you need them most.

To make your POA survive your incapacity, the document must include the exact statutory language from RIGL § 34-22-6.1: "This power of attorney shall not be affected by the subsequent incompetency of the donor."

Without that precise phrase, your family is left petitioning one of Rhode Island's 39 municipal probate courts for a court-supervised guardianship — a process that costs thousands and takes months.

Execution Requirements: What You Actually Need

For a financial POA:

• You must be at least 18 years old and of sound mind
• Sign and seal the document before a notary public
• The notary acknowledgment must meet the standards for real property conveyance
• No witnesses required

For a healthcare POA:

• You must be a Rhode Island resident and at least 18
• Sign in the presence of one notary OR two qualified witnesses
• At least one witness must sign a declaration that they're not related to you and not entitled to your estate
• Your designated agent and healthcare providers cannot serve as witnesses

There's one narrow exception: a 17-year-old on active military service during wartime can execute a financial POA under RIGL § 34-22-8, though the agent's powers are limited — they cannot sell or mortgage real property.

Customizing Your Agent's Powers

The Rhode Island statutory short form lets you select exactly which powers to grant. The form lists categories A through J covering real estate, banking, business operations, insurance, taxes, and more. You grant a power by initialing next to it and restrict a power by drawing a line through it.

Certain "hot powers" — creating trusts, changing beneficiary designations, making gifts, delegating authority — cannot be inferred from general language. These must be explicitly spelled out in the "Special Provisions" section or they don't exist.

What to Do After Signing

Once your documents are executed, take three immediate steps:

1. Present the POA to your financial institutions while you still have full capacity. Banks can review the document and flag any issues while you're available to address them.
2. Record the financial POA with the city or town clerk if you anticipate real estate transactions. Rhode Island has no county recording offices — everything files at the municipal level, and the fee is $49 for the first page plus $1 per additional page.
3. Store originals securely and give your agent certified copies.

Getting your documents set up correctly the first time prevents the bank rejections and court complications that cause real hardship during a family crisis.

For a complete walkthrough of Rhode Island's financial and healthcare POA requirements — including the agent certification form that helps prevent bank rejections — see the Rhode Island Power of Attorney Kit.

See more Rhode Island guides →