Rhode Island
Rhode Island Power of Attorney Laws: Durable, Medical, and Financial (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Rhode Island gives residents two distinct legal tools for planning ahead: a financial power of attorney governed by the Rhode Island Short Form Power of Attorney Act, R.I. Gen. Laws ch. 18-16, and a separate health care power of attorney governed by R.I. Gen. Laws ch. 23-4.10. Rhode Island has not adopted the 2006 Uniform Power of Attorney Act used by many other states. Understanding which statute applies to your situation, and exactly what execution steps are required, is essential before relying on either document.
For the full 50-state overview, see our national Power of Attorney guide.
What a Power of Attorney Does in Rhode Island
A power of attorney is a written legal document in which a person (the principal) authorizes another person (the agent, also called an attorney-in-fact) to act on the principal's behalf. The agent's authority is limited to what the document grants. Acts that exceed those granted powers are not legally binding on the principal.
Rhode Island law treats financial and health care decisions under separate statutes with different execution requirements. No Rhode Island statute expressly forbids covering both in one instrument, and sec. 18-16-2(c) states that no provision of the Short Form Power of Attorney Act bars the use of any other or different form.
In practice, the two are drafted as separate documents. Each chapter carries its own execution formalities, and banks and hospitals expect to be handed the document that matches their own statute. If you want someone to manage your bank accounts and also speak for you about medical treatment, two separate, properly executed documents are the standard and safest approach.
A POA of either type ends at the principal's death. At that point, the estate passes to an executor or administrator under probate law, and the agent's authority stops.
Durable Power of Attorney in Rhode Island
Under R.I. Gen. Laws sec. 18-16-2, the statutory short form power of attorney includes the following language directly in the printed form: "This power of attorney shall not be affected by the subsequent incompetency of the donor." That sentence is the durability clause.
That clause works because of a separate statute. R.I. Gen. Laws sec. 34-22-6.1(a) provides that when a written power of attorney contains words showing the donor intended the authority to survive incompetency, the agent's authority remains exercisable notwithstanding the donor's later incompetency, and acts done during that period bind the donor and the donor's heirs and personal representative.
Because the durability language is already embedded in the statutory form, a principal using the ch. 18-16 form gets a durable POA without needing to add any separate durability statement. The document continues in full force even if the principal later develops dementia, suffers a serious injury, or otherwise loses legal capacity.
A principal who wants a non-durable POA, one that terminates upon incapacity, must affirmatively modify the form. The ch. 18-16 form also allows the principal to specify a termination date; if no date is entered, the document remains in effect "unless otherwise terminated by revocation, destruction or other affirmative action."
Rhode Island did not enact the 2006 Uniform Power of Attorney Act, so concepts specific to that uniform law, such as mandatory opt-in language for certain powers or a statutory agent certification form, do not apply here.
How to Create a Valid Rhode Island Power of Attorney
Financial POA Execution
Under R.I. Gen. Laws sec. 18-16-2(b), "the execution of this statutory short form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgement of a conveyance of real property." In Rhode Island, acknowledging a deed means signing before a notary public (or other officer authorized to take acknowledgments) who certifies the principal's identity and voluntary execution.
The key requirements for a valid financial POA are:
- Principal's signature and seal. The form contains a signature line with a seal reference.
- Date. The principal must fill in the day, month, and year.
- Notarization. A notary public or other authorized officer must take the acknowledgment. No separate witness lines are required by the ch. 18-16 statute.
If the POA will be used for a real estate transaction, R.I. Gen. Laws sec. 34-11-34 requires that the power of attorney itself be acknowledged, delivered, and recorded with the same formalities as a deed. That means recording a copy with the local town or city recorder before or at the time of closing.
Health Care POA Execution
Under R.I. Gen. Laws sec. 23-4.10-2, the health care POA must be executed with one of two options:
- Two witnesses who declare under penalty of perjury that the principal appeared to be of sound mind and acted free of duress, fraud, or undue influence; OR
- One notary public who performs the same verification.
In either case, at least one witness or the notary must also declare that they are not related to the principal by blood, marriage, or adoption, and are not entitled to any portion of the principal's estate under a will now existing or by operation of law.
The statute also prohibits certain people from serving as agent: the principal's treating health care provider, any employee of that provider who is not a relative, and operators or non-relative employees of community care facilities.
What a Rhode Island Agent Can and Cannot Do
Financial Agent Powers
Under ch. 18-16, the statutory form grants authority across ten categories (A through J) that the principal may selectively eliminate by drawing a line through the category and initialing it. The categories are:
- (A) Real estate transactions (buying, selling, mortgaging, leasing, managing property anywhere)
- (B) Chattel and goods transactions (personal property, vehicles, stored goods)
- (C) Bond, share, and commodity transactions (stocks, bonds, brokerage accounts)
- (D) Banking transactions (accounts, checks, loans, safe deposit boxes, negotiable instruments)
- (E) Business operating transactions (partnerships, corporations, contracts)
- (F) Insurance transactions (policies, claims, premiums)
- (G) Claims and litigation (lawsuits, settlements, arbitration)
- (H) Benefits from military service
- (I) Records, reports, and statements (tax returns, government filings)
- (J) All other matters
Striking any one of categories (A) through (I) automatically eliminates (J) as well. Category (J) can also be struck on its own: sec. 18-16-2(e) lets the principal strike out and initial "any one or more of subdivisions (A) to (J) of the form."
Under R.I. Gen. Laws sec. 18-16-12, a principal may also add powers not listed in the statutory form, as long as the additions do not contradict the document's other provisions.
Limits on Financial Agent Authority
The statutory form does not grant an agent the power to make or change a will, create or fund a trust (unless that is separately authorized), make gifts of the principal's property to the agent personally, or override the principal's own competent decisions. Rhode Island courts have held that agents owe fiduciary duties and may face liability for self-dealing or misuse of authority.
Health Care Agent Powers
A health care agent under ch. 23-4.10 may consent to, refuse, or withdraw consent to any medical care, treatment, or service, including life-sustaining procedures. The agent may access medical records as needed to make informed decisions and may execute documents on the principal's behalf, including treatment refusals and liability releases.
The agent may not act against the principal's own contemporaneous objection. As long as the principal can communicate a preference, that preference controls over the agent's authority.
Health Care Power of Attorney in Rhode Island
The Rhode Island Health Care Power of Attorney Act, ch. 23-4.10, recognizes each adult's "fundamental right to control the decisions relating to the rendering of their own medical care." The act allows a principal to appoint an agent to make health care decisions if the principal becomes unable to communicate or decide.
The statutory form at sec. 23-4.10-2 permits naming one primary agent and up to two alternates. The agent's authority does not activate until the principal is unable to make decisions; while the principal is capable, no one else can override their medical choices.
The attending physician must note the existence of a health care POA in the patient's medical record under sec. 23-4.10-4. If the document includes a do-not-resuscitate directive, that must be noted as well.
Under sec. 23-4.10-9, Rhode Island law clarifies that death resulting from the withdrawal of life-sustaining procedures according to the agent's direction does not constitute suicide or homicide, and life insurance coverage cannot be conditioned on not executing a health care POA.
Rhode Island also recognizes health care POAs executed in other states under sec. 23-4.10-11, provided the out-of-state document was valid where executed.
Revoking or Ending a Rhode Island Power of Attorney
Revoking a Financial POA
A principal may revoke a financial POA at any time while competent. Common methods include:
- Executing a written revocation document, acknowledged before a notary
- Executing a new POA that expressly revokes all prior ones
- Physically destroying the original document with the intent to revoke
If the original POA was recorded with a local recorder (as required for real estate transactions), the revocation should also be recorded to provide notice to third parties. Under R.I. Gen. Laws sec. 34-22-6.1(b), a person who acts in good faith reliance on a power of attorney that is valid on its face incurs no liability for acting in accordance with the agent's instructions.
Revoking a Health Care POA
Under R.I. Gen. Laws sec. 23-4.10-3, a principal may revoke a health care POA "at any time and in any manner by which the declarant is able to communicate an intent to revoke," regardless of their current mental or physical state. Revocation takes effect when it is communicated to the attending physician, another treating health care provider, or emergency medical services personnel then involved in the principal's care. The provider must note the revocation in the medical record.
Automatic Termination
Both documents terminate at the principal's death. A financial POA also terminates on any date the principal specified in the form, and it can be ended earlier by revocation or destruction.
Court appointment of a guardian or conservator does not by itself end a durable financial POA. Under R.I. Gen. Laws sec. 34-22-6.1(a), the agent keeps acting but accounts to the guardian or conservator rather than to the principal for as long as that appointment continues. The guardian or conservator holds the same power the principal would have had, if competent, to revoke, suspend, or terminate all or any part of the power of attorney. So the fiduciary can end the agent's authority, but the appointment alone does not.
This page is for general legal information only and does not constitute legal advice. Rhode Island power of attorney law is complex and involves personal circumstances that vary widely. Consult a licensed Rhode Island attorney before creating or relying on any power of attorney document.
Statutes cited reflect their in-force version as of May 31, 2026.
More Rhode Island Laws
Frequently Asked Questions
Does Rhode Island require witnesses for a financial power of attorney?
No. The Rhode Island Short Form Power of Attorney Act (ch. 18-16) requires only that the principal's signature be acknowledged before a notary public, in the same manner as acknowledging a deed. No separate witness signatures are required for a financial POA.
Is a Rhode Island POA automatically durable?
Yes, if you use the statutory short form under R.I. Gen. Laws sec. 18-16-2. The form already contains the sentence: 'This power of attorney shall not be affected by the subsequent incompetency of the donor.' No extra language needs to be added. A principal who wants a non-durable POA must modify the form to remove that clause.
Can one document serve as both a financial POA and a health care POA in Rhode Island?
In practice, no, and standard Rhode Island practice is two separate documents. But that is convention rather than a statutory ban. No Rhode Island statute expressly prohibits a single combined instrument: sec. 18-16-2(c) says no provision of the Short Form Power of Attorney Act bars the use of any other or different form, and sec. 18-16-12(3) allows additional provisions that are not inconsistent with the statutory form. The practical problem is that ch. 18-16 and ch. 23-4.10 impose different execution formalities, so a combined document has to satisfy both, and banks and hospitals expect the document that matches their own statute. Two separate documents avoid that risk.
Who cannot be a health care agent in Rhode Island?
Under sec. 23-4.10-2, you may not name your treating health care provider, any non-relative employee of that provider, an operator of a community care facility, or a non-relative employee of such a facility as your health care agent. You may name a relative who works in health care.
Does a Rhode Island financial POA need to be recorded?
Recording is required only when the POA will be used for a real estate transaction. Under R.I. Gen. Laws sec. 34-11-34, both the POA and any deed executed under it must be acknowledged and recorded with the same formalities as a deed. For non-real-estate transactions such as banking, recording is not required.
How does a health care agent's authority interact with a conscious principal's wishes?
The agent's authority is subordinate to the principal's own contemporaneous decision-making. Rhode Island law makes clear that the principal retains the right to make their own medical decisions while capable of communicating them. The agent steps in only when the principal cannot express their wishes.
Does Rhode Island recognize a power of attorney signed in another state?
For health care POAs, R.I. Gen. Laws sec. 23-4.10-11 expressly recognizes documents valid in the state where they were executed. For financial POAs, Rhode Island has not enacted a separate recognition statute, but agents and third parties generally apply conflict-of-laws principles and may require notarized certification that the out-of-state document was properly executed under that state's law.
Updates
Corrected the effect of a guardian or conservator appointment on a financial power of attorney, corrected the rule on striking category (J) from the statutory short form, reframed the separate financial and health care documents point as standard practice rather than a statutory prohibition, and added the governing Rhode Island durability and good-faith-reliance statute.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Rhode Island General Laws, Title 18: Fiduciaries, Chapter 18-16: Rhode Island Short Form Power of Attorney Act
§ 18-16-2Statutory short form power of attorneyIn force
(a) The statutory short form power of attorney is as follows: (b) The execution of this statutory short form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgement of a conveyance of real property. (c) No provision of this chapter shall be construed to bar the use of any other or different form of power of attorney desired by the parties concerned. (d) Every statutory short form power of attorney shall contain, in bold face type or a reasonable equivalent of it, the “Notice” at the beginning of this section. (e) A power of attorney is a “statutory short form power of attorney,” as this phrase is used in this chapter, when it is in writing, has been duly acknowledged by the principal and contains the exact wording of clause First set forth in subsection (a) of this section, except that any one or more of subdivisions (A) to (J) of the form may be stricken out and initialed by the principal, in which case the subdivisions stricken out and initialed and also subdivision (J) of the form shall be deemed eliminated.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at webserver.rilegislature.gov
§ 18-16-1Use of statutory formIn force
The statutory form of short form power of attorney, as set forth in § 18-16-2, may be used in the creation of a power of attorney for the purposes set forth in that section; and when used and created, shall be construed in accordance with the provisions of this chapter.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
§ 18-16-12Additional provisions authorized in formIn force
A power of attorney which satisfies the requirements of § 18-16-2(b) is not prevented from being a statutory short form power of attorney, as that phrase is used in the sections of this chapter, by the fact that it also contains additional language which: (1) Eliminates from the power of attorney one or more of the powers enumerated in one or more of the constructional sections of this chapter with respect to a subdivision of the statutory short form power of attorney not eliminated from the form by the principal; (2) Supplements one or more of the powers enumerated in one or more of the constructional sections in this chapter with respect to a subdivision of the statutory short form power of attorney not eliminated from the form by the principal, by specifically listing additional powers of the agent; or (3) Makes some additional provision that is not inconsistent with the other provisions of the statutory short form power of attorney.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
Rhode Island General Laws, Title 34: Property, Chapter 34-11: Form and Effect of Conveyances
§ 34-11-34Conveyances executed by attorney — Recording of powerIn force
Any conveyance executed by attorney shall be as valid as if executed by the grantor himself, providing that a power of attorney be given by such grantor for this purpose; which 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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
Rhode Island General Laws, Title 23: Health and Safety, Chapter 23-4.10: Health Care Power of Attorney
§ 23-4.10-1PurposeIn force
(a) The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own medical care. (b) In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions about themselves, the legislature declares that the laws of the state shall recognize the right of an adult person to make a written durable power of attorney which might include instructing his or her physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1990
Opinions citing this section in our collection:
- Cruzan Ex Rel. Cruzan v. Director, Missouri Department of Health (Supreme Court of the United States 1990, 497 U.S. 261)“…9); Pa. Stat. Ann., Tit. 20, § 5603(h) (Purdon Supp. 1989); R. I. Gen. Laws §23-4.10-1 et seq. (1989); Tex. Rev. Civ. Stat.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23-4.10-2Statutory form of durable power of attorneyIn force
The statutory form of durable power of attorney is as follows:
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
§ 23-4.10-3RevocationIn force
(a) A durable power of attorney may be revoked at any time and in any manner by which the declarant is able to communicate an intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician or any health care provider or emergency medical services personnel upon communication to that physician or health care provider or emergency medical services personnel by the declarant or by another who witnessed the revocation. (b) The attending physician or health care provider shall make the revocation a part of the declarant’s medical record. (c) For emergency medical services personnel, the absence of reliable documentation shall constitute a revocation of a durable power of attorney.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
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Sources and References
- R.I. Gen. Laws ch. 18-16: Rhode Island Short Form Power of Attorney Act(webserver.rilegislature.gov)
- R.I. Gen. Laws sec. 18-16-1: Use of Statutory Form(webserver.rilegislature.gov)
- R.I. Gen. Laws sec. 18-16-2: Statutory Short Form Power of Attorney(webserver.rilegislature.gov)
- R.I. Gen. Laws sec. 18-16-12: Additional Provisions Authorized in Form(webserver.rilegislature.gov)
- R.I. Gen. Laws ch. 23-4.10: Health Care Power of Attorney(webserver.rilegislature.gov)
- R.I. Gen. Laws sec. 23-4.10-1: Purpose(webserver.rilegislature.gov)
- R.I. Gen. Laws sec. 23-4.10-2: Statutory Form of Durable Power of Attorney for Health Care(webserver.rilegislature.gov)
- R.I. Gen. Laws sec. 23-4.10-3: Revocation of Health Care Power of Attorney(webserver.rilegislature.gov)
- R.I. Gen. Laws sec. 34-11-34: Conveyances Executed by Attorney, Recording of Power(webserver.rilegislature.gov)
- R.I. Gen. Laws sec. 34-22-6.1: When Power of Attorney Not Affected by Incompetency(webserver.rilegislature.gov)