Rhode Island Power of Attorney Requirements & Form

Rhode Island requirements

• Rhode Island's statutory framework is the Rhode Island Short Form Power of Attorney Act, R.I. General Laws Chapter 18-16; the state has not enacted the Uniform Power of Attorney Act in that chapter.
• Under Section 18-16-2, the power of attorney is to be acknowledged by the principal in the manner prescribed for acknowledging a conveyance of real property, which means signing before a notary public or other authorized officer.
• The short form act does not call for witness signatures.
• The statutory form itself states that the power is not affected by the subsequent incompetency of the principal; if you draft outside the statutory form, include express durability language so the document survives incapacity.
• For real estate use, an acknowledged power of attorney is typically recorded in the land evidence records of the city or town where the property is located; confirm specifics with the local recorder of deeds.

Frequently asked questions

Does Rhode Island require a power of attorney to be notarized?

Yes in practice. Section 18-16-2 directs that the statutory short form be acknowledged the same way as a real estate conveyance, so the principal signs before a notary public or other officer authorized to take acknowledgments.

Is a Rhode Island power of attorney durable by default?

The statutory short form includes the sentence that it is not affected by the principal's subsequent incompetency. For any custom document, state durability expressly, and confirm current law with the Rhode Island General Assembly, since the legislature revisits this area periodically.

Official sources

• https://webserver.rilegislature.gov/Statutes/TITLE18/18-16/INDEX.htm
• https://webserver.rilegislature.gov/Statutes/TITLE18/18-16/18-16-2.htm