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Rhode Island Durable (Financial) Power of Attorney Form

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Durable Power of Attorney in Rhode Island is usually used for long term planning purposes because it is something that continues (if not revoked) beyond the incapacity of the person creating the document. That is why it is termed “durable”. This form allows you to appoint a representative, or agent, also known as an attorney-in-fact to manage your finances which can include acquiring and disposing of property and access to bank accounts to pay bills or purchase items for your benefit. With this access to your financial life, it is vitally important that the person you choose to have this power is someone you trust and who has your best interests at heart. Many of those who are married, for instance, will choose their spouse for this role.

Laws – § 18-16-2

Advance Directive (Health Care Power of Attorney) – This form is used to appoint a family member or friend to represent your healthcare interests.

How to Write

1 – Obtain The Paperwork Containing The Needed Language To Delegate  Authority

The document presented on this page will enable an individual (referred to as “Principal”) to approve another individual (referred to as “Attorney-in-Fact”) to use Principal Authority by effecting Decisions and act as if he or she were the Principal. Naturally, some very specific wording is required. Download the required paperwork using the three buttons presented on this page then prepare and/or print it.

2 – The Principal And The Attorney-in-Fact Should Be Introduced And Documented At The Onset Of This Document

First, present the Principal’s Name (First, Middle, Last) on the available line in this document’s Title.

Next, document the Principal’s Name again on the first blank line in the introduction. The Principal’s Name should be entered here precisely as it was in the Title. The second and third empty lines in the introduction must have the Principals Residential Street Address and State of Residence displayed on them.

The next three available lines will request information focusing on the Attorney-in-Fact. The Attorney-in-Fact’s Name, Residential Street Address, and State of Residence must be recorded on the fourth, fifth, and sixth blank lines accordingly.

3 – Each Area Where The Attorney-in-Fact Wields Principal Power Must Be Approved By The Principal Beforehand

The Principal will need to attend to this document once the introduction’s information requirement is satisfied. Immediately after the initial wording of this document will be seventeen items that necessitate a diligent review by the Principal. The Principal should review, discuss, and determine the status of the Attorney-in-Fact’s Principal Power using these items. If a list item should be part of the Attorney-in-Fact’s definition of the Principal Power, he or she can wield the Principal must initial the blank line corresponding to that item. Otherwise, that item should be left unmarked. An unmarked item will be considered rejected by the Principal and will contain definitions to behaviors the Attorney-in-Fact may not pursue in the Name of the Principal with Principal Authority.

We will begin with the first item “Power To Make Payments Or Collect Monies Owed.” The Principal will need to initial the blank line that precedes the number “1” to allow the Attorney-in-Fact to perform actions such as making payments or executing endorsements.The “Power To Acquire, Lease And Sell Personal Property” of the Principal will be defined in the second statement. The Principal should submit his or her initials on the blank line provided.The next statement, “Power To Acquire, Lease And Sell Real Property,” supplies the language required to deliver the Principal Authority the Attorney-in-Fact needs to engage in actions such as exchanging or conveying the Principal’s Personal Property. The Principal can deliver these Powers by signing the blank space next to the third item.The fourth item, “Management Powers,” will provide the Attorney-in-Fact with the Principal Powers required to manage in the Principal’s Name. For instance, the Attorney-in-Fact will be able to invest or lease both tangible and intangible Property (as well as a host of other actions) in the Principal’s Name once the Principal initials the blank line next to the number 4.The Principal will be able to grant the Attorney-in-Fact with the ability to perform a variety of Banking Transactions in his or her Name. This is not limited to banks and will apply to any financial institution that provides banking services If the Principal intends to grant the Attorney-in-Fact with this Power, he or she will need to initial the blank line provided for “5. Banking Powers”If the Principal wishes the Attorney-in-Fact to have the ability to be able to represent his or her interests with “Motor Vehicles,” the line supplied for item six must be initialed by the PrincipalThe Principal can appoint the Attorney-in-Fact with the Principal Authority to represent him or her to Tax Entities regarding his or her Taxes by initialing the seventh item (“Tax Powers”).If the Attorney-in-Fact must be able to control the contents of the Principal’s Safe-Deposit Boxes (and use any legal means to gain access) the Principal will need to supply his or her initials to the item labeled “8. Safe-Deposit Boxes”The Principal’s “Gift Making Powers” can be conferred to the Attorney-in-Fact when the Principal provides his or her initials to the ninth item.If the Attorney-in-Fact should be able to perform transactions in “Lending and Borrowing” with the Principal’s Name, then the Principal must initial the blank line supplied just before the item label “10. Lending And Borrowing.”The Attorney-in-Fact can gain the Principal Power to represent the Principal by wielding Principal Power when dealing with “Contracts.” Such Power can only be delivered when the Principal’s Authorizing initials are presented on the blank space for the eleventh item of this list.The twelfth list item shall give the Attorney-in-Fact the right to make Principal “Health Care” decision when necessary. Thus, the Attorney-in-Fact will be able to arrange for the Principal’s Admission/Discharge from Health Care, Medical Care, Hospice, or Mental Care facilities. If the Principal initials the twelfth item, the Attorney-in-Fact will be able to engage in all the activities listed in this paragraph.The thirteenth item shall specifically name the “Health Insurance Portability And Accountability Act Of 1996. Here, the Attorney-in-Fact will be granted the representational Powers this statute provides. The Principal must initial “13. HIPPA” to apply its wording and such Powers to the Attorney-in-Fact through this document.If it’s been determined the Attorney-in-Fact should be able to use Principal “Power To Hire And Pay For Services,” then he or she should initial the fourteenth item.The Attorney-in-Fact listed in this document will be granted the Principal Authority to seek “Reimbursement Of Attorney-in-Fact” when the Principal furnishes his or her initials to “15. Reimbursement Of Attorney-in-Fact.”The sixteenth item, “Power To Sue Third Parties Who Fail To Act Pursuant To Power Of Attorney,” will appoint the Attorney-in-Fact with the Authority to enforce this document when necessary. The Principal should initial this item to grant the Attorney-in-Fact such Power.The Final list item will contain several blank lines and it labeled “17. Other” These blank lines should be used to report any instructions the Principal regarding the Attorney-in-Fact’s Appointment and the Principal Authority delegated to the Attorney-in-Fact. Thus, if the Principal did not initial one of these statements but wishes to grant one or two actions defined in it to the Attorney-in-Fact, the specific Power can be granted without including the Full Scope of that subject item. Any such extensions of Power, Instructions, or Provisions the Principal wishes applied here must be clearly documented in item 17, then the Principal must initial item 17 after reviewing the additional reported instructions for accuracy.

4 – The Principal Must Define When The Attorney-in-Fact Will Have Access To Principal Authority

The next task set forth will be to provide an exact Date when the declarations in this document become Effective and a precise Date of when they Terminate. To attain such definitions the third part of this document “Effective Date And Termination” is divided into two distinct areas. The first area will supply two statements each with an Effective Date definition. The Effective Date can be set as the same Date this paperwork is signed by the Principal if the Principal initials the first statement. If the Principal wishes to set a specific Date, different from that of this paperwork’s execution, then he or she must produce the preferred Date  of Effect on the blank lines supplied here.After defining when the Powers in this document go into effect, then the Principal will need to set the Date when the Principal Powers delivered in this document Terminate. If the Principal wants a specific Termination Date set, it should be recorded on the blank lines in the third choice then, initialed by the Principal. If the Principal wishes the Principal Powers terminate only if he or she issues a revocation, the Principal should initial the fourth choice. Finally, if the Principal will only allow these Powers to Terminate when he or she is incapacitated, then he or she must initial the last choice.

5 – The Principal Is The Only Entity That Can Officially Execute This Document

After a final review by the Principal, he or she needs to supply this paperwork with a Dated and Witnessed Signature before a Notary Public. The Principal should gather these entities together then enter the Date he or she signs his or her Name across the three blank lines beginning with the words “In Witness Whereof…”After recording the current Date, the Principal will need to sign his or her Name on the “Principal’s Signature” line then supply his or her Printed Name directly below the signature.

6 – Additional Signatures Are Require Once The Principal Signing Has Occurred

Report the Full Name of the Attorney-in-Fact on the blank line supplied in “Acceptance Of Appointment.” Once this has been taken care of, the Attorney-in-Fact must read this statement then supply his or her Signature and Printed Name using the two blank lines under the paragraph.Below this area both Witnesses who have viewed the Principal Signing and are willing to testify to this fact must read the “Witness” statement then sign his or her Name on one of the “Witness” lines on the left. There will be a corresponding set of blank lines to the right where each Witness should record his or her Address.After the Principal, Attorney-in-Fact, and Witnesses have signed their names, the Notary Public in attendance will supply some items (including a notarization seal) in the “Acknowledgment Of Notary Public” section.


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