What the rule says
Rhode Island adopted the Uniform Power of Attorney Act effective January 1, 2019, codified at R.I. Gen. Laws § 18-16-1 et seq.
Default durability
A Rhode Island POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under RI's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
Rhode Island law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Rhode Island POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
Rhode Island separates property and healthcare frameworks. Healthcare decisions require a separate Rhode Island Durable Power of Attorney for Health Care under R.I. Gen. Laws § 23-4.10.
What happens without a POA
If an RI resident becomes incapacitated without an executed durable POA, the family must seek guardianship under R.I. Gen. Laws § 33-15.
What you can do about it
For RI residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Healthcare POA. - Update older POAs.
Who this affects most
Rhode Island's POA framework is most consequential for RI adults without executed POAs.