Free Rhode Island Power of Attorney Form


Rhode Island Power of Attorney Form

By giving someone your power of attorney, you are deliberately granting that person authority over your affairs. You could bestow power over general matters, and you can also be specific.

A power of attorney (POA) refers to a legal instrument that officially grants another person specific or general authority over your affairs. As the person handing over power, the state refers to you as the principal while the person you allow to act on your behalf is your agent or the attorney-in-fact.

To understand the details of the free Rhode Island Power of Attorney form, you need to be able to differentiate the types of powers of attorney. The types determine the limits of the powers as well as the responsibilities of the agent and other involved parties.

Springing and non-springing powers of attorney

In estate planning, the law requires that you sign and even notarize a document naming someone else as the executor of your affairs should you be incapacitated or unavailable. The documents are prepared when you are of sound mind and only deemed valid if you are of legal age. And, though you sign the document years or months in advance but have the documents acted upon only after you lose the ability to communicate your wishes, such POA document has springing powers of attorney. What that means is that the powers granted are only executable upon the incapacitation or unavailability of the principal – the use of the document springs from an event.

  • On the other hand, you have the non-springing powers of attorney which means that the powers of the document are executable as soon as the document is signed.

    • 1. Rhode Island Durable Powers of Attorney Laws

If you have a surgery scheduled, or you are worried that something could happen, but you wouldn’t have someone you trust to make the big decisions when you are unconscious, then you should get a durable POA (DPOA). The DPOA appoints another person to be your health care agent. The agent should be someone you trust to act according to your wishes.

Since the agent will have to act when end of life decisions are required, the agent gives consent to or refuses to give consent on your behalf.

Note that the DPOA should be created according to Section 23-4.10-1, et seq. of the healthcare POA laws. Our free power of attorney form in Rhode Island will also highlight this section of the state laws.

Powers of the durable POA

A DPOA created in Rhode Island gives an agent powers over medical procedures and certain medical interventions that could extend the principal’s dying process. It also includes the steps taken for pain alleviation and provision of comfort.

  • The conditions that make the DPOA legal

    • The principal must be at least 18 years and a Rhode Island resident.

    • The preparation of the document should take place with at least 2 adult witnesses present and in accordance with the conditions in statutory form §23-4.10-2.

    • Note that the document isn’t valid for use when the principal is pregnant and if the pregnancy can result in a live birth.

  • What amounts to a revocation of the DPOA in the state of Rhode Island?

    • The DPOA is revocable any time the principal wishes to

    • Communicating intention to revoke the document (to an attending physician) the principal’s mental or physical health notwithstanding.

    • The controls over the will if they are executed by one person if there exist any inconsistencies.

Interstate validity: if a DPOA executed in a different state complies with the laws of Rhode Island, then it’s valid

The DPOA laws state that an unwilling attending physician should arrange for the transfer of the patient to a compliant health care facility or physician.

  • But, an attending physician acting in good faith on condition that they act within reasonable medical standards.

    • 2. Rhode Island Limited Powers of Attorney Law

A limited POA lets you grant specific authority to their agent. It’s preferable if the principal is unable to complete the tasks or when they are unavailable.

  • Unless a revocation notice is issued, the powers stay. For revocation, the law requires that the principal sends a revocation notice to the agent and third parties taking orders from the agent. The revocation notice should be in writing.

    • 3. Rhode Island POA for Childcare Law

If you will be available for some time and you wish to leave your kid (s) in the care of someone you trust, you can sign and notarize a dated POA. This document gives the non-parent authority to make a decision on your behalf and according to your wishes. The powers are time-specific, and they will allow the non-parent to decide on medical treatments or sign the child up for an activity.

The parent can revoke the powers granted at any time by delivering in person a signed revocation form. The power goes back to the parent as soon as the document is delivered to the non-parent.

With the details out of the way, where would you like to fill our free power of attorney form from? Whether you live in Newport, Providence, Warwick, Westerly, Cranston, Pawtucket, Johnston or any other city in Rhode Island, we’ve got you covered!