Power of Attorney Requirements in Rhode Island

At a glance

Requirements one by one

The optional short form

Section 18-16-1 permits use of the statutory form; § 18-16-2(a) prints it. To qualify as that form, § 18-16-2(e) requires a writing acknowledged by the principal and the exact wording of clause First, except for subjects properly stricken and initialed. Section 18-16-2(d) also requires the opening Notice in boldface or a reasonable equivalent. The form includes principal signature and acknowledgment blocks, including a separate block following its durability sentence.

Acknowledgment and durability

Section 18-16-2(b) says execution of the statutory short form “shall be duly acknowledged by the principal” as for a real-property conveyance. The printed form's separate sentence says it “shall not be affected by the subsequent incompetency of the donor.” Its duration choice is indefinite or an end date; the printed choices do not establish a future start trigger.

Real-estate conveyances

Section 34-11-34 says a power authorizing a conveyance and the deed executed under it must be signed, acknowledged, delivered, and recorded with the same formalities as deeds from grantors in person. Section 34-13-1(1) separately lists letters of attorney among instruments the clerk records on request and payment of fees.

What trips people up

The statutory short form's subject list is not a free-text checklist. Section 18-16-2(e) allows a subject to be eliminated by striking it and initialing; it also treats subdivision (J) as eliminated when a listed subject is removed. That matters when copying or modifying the printed form.

Common questions

Must I use the state's printed form? Section 18-16-2(c) expressly preserves “any other or different form of power of attorney desired by the parties concerned.” The execution and scope of another instrument need their own analysis.

Does the printed form offer an incapacity start date? Its clause Second offers an indefinite term or a termination date. The separate incompetency sentence addresses continuation of authority, not a printed trigger for starting it (§ 18-16-2(a)).

Statutes and sources

• R.I. Gen. Laws § 18-16-1 — official section (accessed 2026-10-04). Quote: 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.
• R.I. Gen. Laws § 18-16-2 — official section (accessed 2026-10-04). Quote: (a) The statutory short form power of attorney is as follows: The use of the short form power of attorney is strictly voluntary, and chapter 18-16 specifically authorizes the use of any other or different form of power of attorney upon mutual agreement of the parties concerned. In witness whereof I have hereunto signed my name and affixed my seal this __ day of ___ 20_ . ______ (Signature of Principal) (Seal) (ACKNOWLEDGEMENT) Second: This power of attorney shall: (A) be of indefinite duration or (B) terminate on the following date, _____ , unless otherwise terminated by revocation, destruction or other affirmative action. This power of attorney shall not be affected by the subsequent incompetency of the donor. In witness whereof I have hereunto signed my name and affixed my seal this _ day of ___ 20__ . ______ (Signature of Principal) (Seal) (ACKNOWLEDGEMENT) (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.
• R.I. Gen. Laws § 34-11-34 — official section (accessed 2026-10-04). Quote: 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.
• R.I. Gen. Laws § 34-13-1 — official section (accessed 2026-10-04). Quote: Any of the following instruments shall be recorded or filed by the town clerk or recorder of deeds, in the manner prescribed by law, on request of any person and on payment of the lawful fees therefor: (1) Letters of attorney.