A Rhode Island power of attorney is a type of legal document whereby an individual can legally appoint another to stand in his or her place and act on his or her behalf in a variety of circumstances and situations. Some powers of attorney can be used for a broad range of purposes for a long period of time, while others are used for more discreet temporary situations. It all depends on what your goals and needs are. In all cases, you will need to think carefully about who is going to act for you. Trustworthiness and reliability are important factors to consider, as are expertise and availability.
Advance Directive (Health Care Power of Attorney) – This type can be used to appoint someone you love and trust to represent your health care interests in the event you are unable to do so.
Durable Power of Attorney – A durable POA is more of a long-term arrangement whereby you appoint someone to represent your financial interests for an extended period of time which can include your incapacity if desired.
General Power of Attorney – A general POA is generally also used in long-term financial representation, but it terminates automatically if the principal (the person who created the POA) becomes incapacitated.
Limited Power of Attorney – A limited form is used when you need representation for a short-term period or for a limited transaction.
Guardian of Minor Power of Attorney – This form is used when you anticipate being away from your children and you need to make sure your caretaker has the tools necessary to make decisions about school and medical care for your children.
Real Estate Power of Attorney – The use of an Agent or Attorney-in-Fact, to help a property owner with the management and/or sale in accordance with § 18-16-3.
Revocation of Power of Attorney -This is used when you want to revoke any POA that you may have executed in the past. When you want to terminate a POA, always let your representative or agent know that you do not want them to continue to use the POA and provide a copy of this executed revocation form to them.
Tax Power of Attorney (Form RI-2848) – This is used to have an appointee, usually a tax professional, to represent your interests in front of the Rhode Island Division of Taxation.
Vehicle Power of Attorney – Use this form to have someone take care of your titling and registration of your motor vehicle in front of the Rhode Island Division of Motor Vehicles.
How to Write
1 – The Paperwork On This Page Will Need To Be Accessed To Delegate Authority
This page will supply some paperwork so that an Attorney-in-Fact may be named by a Principal as having the Approval and Authority to act in his or her Name on certain matters. Download this form as a PDF, ODT, or MSWord document.
2 – The Declarative Introduction To This Document Requests The Relevant Party Information
The Principal will need to be identified by having his or her First, Middle, and Last Name on the first blank space available in the first paragraph of this document. Additionally, his or her Street Address (including the City) should be furnished on the second available space which should be followed by the State the Principal lives on in the third empty line. We will also need to produce the Attorney-in-Fact’s Identity by presenting his or her Full Name and Address in a similar fashion. Enter the Attorney-in-Fact’s Full Name on the fourth blank line, his or her Street Address on the fifth blank line, and the State where he or she lives on the sixth blank line.
3 – The Principal Must Determine When This Delegation Of Power Is Effective
Often when the Principal Powers in this document are delivered to the Agent is related to the purpose of drafting this appointment and thus, must be included by the time this document is executed by the Principal. The Principal can indicate his or her preferences in this manner by initialing the appropriate choice of statements presented in “Effective Date.” If the Principal wishes this appointment of Principal Authority to be effective immediately, then he or she should initial the first statement. If this appointment should not become effective until the Principal is incapacitated and rendered unable to make his or her decisions, then he or she should initial the second statement
4 – The Attorney-in-Fact Powers To Be Delivered Should Be Defined
The Principal will need to provide some definition as to the Power being delivered to the Attorney-in-Fact through this paperwork. This must be quite specific. A list of such appointments of Power is presented in “Powers Of Attorney-in-Fact.” The wording here will supply an organized framework to deliver a host of Powers in a set of categories of the Principal’s Affairs. The Principal should review the definitions provided here with a close eye then approve the Principal Authority being granted to the Attorney-in-Fact by initialing the statement containing the approved definition of Power.
The first subject matter will deal with the Principal’s Finances. If the Principal determines the Attorney-in-Fact should operate in this area with Principal Authority, then he or she should review the first three paragraph statements “Banking,” “Safe Deposit Box,” and “Lending Or Borrowing.” The Principal may initial one or more of these paragraph statements to grant Principal Power in those areas to the Attorney-in-Fact or may choose not to grant the Attorney-in-Fact Principal Authority in any of them by leaving these lines unmarked. For Example, if the Principal has determined the Attorney-in-Fact should be able to perform Banking transactions or Lend and Borrow in the Principal’s Name but not have access to any Safe Deposit Boxes, then the Principal must initial the blank lines corresponding to “Banking” and “Lending Or Borrowing” and leave “Safe Deposit Box” unmarked.The next portion of this list will deal with financial affairs that many would consider more personal. The Principal can assign his or her Authority regarding “Government Benefits,” “Retirement Plan,” “Taxes,” and/or “Insurance” to the Attorney-in-Fact through the Principal Act of initialing. Only the items that have been initialed by the Principal will define what areas the Attorney-in-Fact may use Principal Powers in. Any item left unmarked will define what the Attorney-in-Fact may not do with Principal Approval or Principal Authority.The Principal should turn his or her attention to the next segment of this list if he or she intends for the Attorney-in-Fact to act in his or her Name with Property. The paragraph statements “Real Estate,” “Personal Property,” “Power To Manage Property,” and “Gifts” will contain descriptions of decisions and actions the Attorney-in-Fact may engage in while wielding Principal Power. The Principal should initial each area that should be delegated to the Attorney-in-Fact.If the Principal wishes the Attorney-in-Fact to wield Principal Authority to represent his or her interests in “Legal Advice And Proceedings,” then the blank line preceding these bold words must be initialed.The final item on this list “Special Instructions” is unique from the others in that it will assign or limit Authority as to the instructions provided by the Preparer. Here, the Principal may impose limitations or restrictions to any of the granted Powers, extend any Powers to the Attorney-in-Fact if it is not done the Principal, or impose conditions or instructions to their use. Several blank lines have been supplied for this purpose.
5 – To Properly Appoint This Authority The Principal Must Sign His Or Her Name
Now that each party has been identified, a time-frame has been attached to the Powers being granted, and the Powers defined it will be time for the Principal to review it then, execute it. This will only be accomplished through the Principal’s Signature. He or she must supply the Date of Signature in the final statement of this appointment (starting with the words “In Witness Whereof”) then sign the blank line labeled “Principal’s Signature.”The next signature party that must present itself will be the Witnesses who have viewed the Principal Signing. Each one should read the statement provided just below the principal’s Signature, then (as soon as the Principal signs this form) each one should supply his or her Signature and Address on the blank lines “Witness’s Signature” and “Address.”The Principal’s Signing will also need to be Notarized. An area below the Witness statement has been provided with the structure necessary to notarize this signing. The Notary Public will supply the requested items to notarize this paperwork.The next required Signature Party in this document will be the Attorney-in-Fact. Make sure to supply his or her Name on the blank line in the “Specimen Signature And Acceptance Of Appointment” section. The Attorney-in-Fact must sign the signature line under this statement to formally accept this appointment of Principal Power.This signature must also be notarized, thus a separate area for the attending Notary Public has been provided.