Power of Attorney Form for Ri

RHODE ISLAND STATUTORY DURABLE POWER OF ATTORNEY

Document ID: RI-DPOA-2024-001 Effective Date: As of the date of final execution. Version: 2.1 (Compliant with R.I. Gen. Laws § 18-16 et seq.) Governing Jurisdiction: State of Rhode Island

---

I. STATUTORY & LEGAL COMPLIANCE NOTICE

NOTICE TO THE PRINCIPAL: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN THE RHODE ISLAND SHORT FORM POWER OF ATTORNEY ACT, CHAPTER 18-16 OF THE GENERAL LAWS. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

NOTICE TO THE AGENT: BY ACCEPTING OR ACTING UNDER THIS APPOINTMENT, YOU ASSUME THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

---

II. PARTIES AND RECITALS

1. PRINCIPAL: This Power of Attorney is made by [Principal Full Legal Name], residing at [Principal Address], City of [City], State of Rhode Island (the "Principal").

2. AGENT: The Principal hereby appoints [Agent Full Legal Name], of [Agent Address], as my Attorney-in-Fact (the "Agent").

3. SUCCESSOR AGENT (Optional): If the Agent is unable or unwilling to serve, I appoint [Successor Agent Full Legal Name], of [Successor Agent Address], as Successor Agent.

4. RECITALS: WHEREAS, the Principal desires to grant the Agent full authority to manage the Principal’s financial and legal affairs; and WHEREAS, the Principal intends for this instrument to be a Durable Power of Attorney pursuant to R.I. Gen. Laws § 18-16-2.

---

III. EXHAUSTIVE OPERATIVE CLAUSES & LEGAL TERMS

1. SCOPE OF AUTHORITY (GRANT OF POWERS)

The Principal hereby grants to the Agent full power and authority to exercise or perform any act, duty, or right that the Principal now has or may hereafter acquire the legal right to perform, specifically including but not limited to:

• (A) Real Estate Transactions: To buy, sell, lease, mortgage, or otherwise manage real property located in Rhode Island or elsewhere.
• (B) Tangible Personal Property: To manage, sell, or transfer any tangible goods or possessions.
• (C) Stock and Bond Transactions: To trade, vote, or manage any securities and brokerage accounts.
• (D) Commodity and Option Transactions: To engage in the buying and selling of commodities and options.
• (E) Banking and Financial Transactions: To open, close, and maintain accounts; to withdraw funds; and to execute checks or electronic transfers.
• (F) Business Operating Transactions: To manage and operate any business interest owned by the Principal.
• (G) Insurance and Annuity Transactions: To purchase, maintain, or surrender insurance policies and annuities.
• (H) Estate, Trust, and Other Beneficiary Transactions: To act for the Principal in all matters affecting a trust, probate estate, or guardianship.
• (I) Claims and Litigation: To institute, defend, or settle any legal proceedings or claims.

2. INTELLECTUAL PROPERTY OWNERSHIP & MANAGEMENT

The Agent is expressly authorized to manage the Principal’s intellectual property portfolio. This includes, but is not limited to, the right to maintain, license, enforce, or sell trademarks, service marks, copyrights, patents, and trade secrets. This authority constitutes a "work made for hire" management clause insofar as any registrations or filings performed by the Agent shall remain the sole and exclusive property of the Principal.

3. COMPENSATION AND PAYMENT TERMS

The Agent shall be entitled to:

• (A) Reimbursement: Full reimbursement for all reasonable and documented out-of-pocket expenses incurred in the performance of duties hereunder.
• (B) Compensation: The Agent shall be compensated at a rate of [Amount in USD] per [Hour/Month], or if left blank, shall serve without compensation.
• (C) Invoicing: The Agent shall maintain detailed records of all transactions and provide an accounting to the Principal or the Principal’s legal representative upon request.

4. MUTUAL CONFIDENTIALITY & NON-DISCLOSURE

The Agent shall maintain the strictest confidentiality regarding the Principal’s financial, medical, and personal affairs. The Agent shall not disclose any "Confidential Information" (defined as any non-public data, trade secrets, or financial records) to any third party except as strictly necessary to execute the powers granted herein or as required by law.

5. TERM AND TERMINATION

• (A) Durability: This Power of Attorney shall NOT be affected by the subsequent disability or incompetence of the Principal.
• (B) Revocation: The Principal may revoke this Power of Attorney at any time by providing written notice to the Agent.
• (C) Termination: This agreement terminates automatically upon the death of the Principal, except for the Agent's duty to provide a final accounting.

6. REPRESENTATIONS AND WARRANTIES

The Principal represents that they are of sound mind and under no duress or undue influence. The Agent warrants that they will act in the Principal’s best interest, in good faith, and within the scope of the authority granted.

7. LIMITATION OF LIABILITY & INDEMNIFICATION

• (A) Limitation: The Agent shall not be liable for any loss resulting from an error of judgment made in good faith, except for instances of gross negligence or willful misconduct.
• (B) Indemnification: The Principal’s estate shall indemnify and hold the Agent harmless from any liability, loss, or expense (including reasonable attorney’s fees) incurred by the Agent while acting in good faith on behalf of the Principal.

8. DISPUTE RESOLUTION & ARBITRATION

Any dispute arising out of or relating to this Power of Attorney shall be resolved through binding arbitration in the State of Rhode Island, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney’s fees.

9. GOVERNING LAW

This document shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of laws principles.

10. MISCELLANEOUS PROVISIONS

• (A) Severability: If any provision is held invalid, the remainder of the document shall remain in effect.
• (B) Entire Agreement: This document constitutes the entire agreement regarding the Agent's power and supersedes any prior oral or written understandings.
• (C) Counterparts: This document may be executed in counterparts, each of which shall be deemed an original.

---

IV. EXECUTION & FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the Principal has hereunto set their hand this [Day] day of [Month], 20**[Year]**.

FOR THE PRINCIPAL:

Signature: _____________________________________ Printed Name: [Principal Full Legal Name] Date: [Effective Date]

FOR THE AGENT (ACKNOWLEDGMENT OF APPOINTMENT):

Signature: _____________________________________ Printed Name: [Agent Full Legal Name] Title: Attorney-in-Fact / Agent Date: [Date]

---

V. NOTARY ACKNOWLEDGMENT

State of Rhode Island County of _________________

In _________________, on the ________ day of _____________, 20, before me personally appeared [Principal Full Legal Name], to me known and known by me to be the party executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed.

---

Notary Public My Commission Expires: _________________ (Seal)

---

VI. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Preparation: Open this document in Microsoft Word or Google Docs. Use the "Find and Replace" function (Ctrl+F) to locate all bracketed fields (e.g., [Principal Full Legal Name]) and input the specific factual data.
2. Review: Ensure the "Compensation" section (III.3) accurately reflects whether the Agent is being paid. If not, write "N/A" or "None."
3. Signatory Authority: The Principal must be of sound mind. If there is a question of capacity, obtain a physician's letter prior to execution to prevent future challenges.
4. Execution (Rhode Island Specific):
   • Notarization: Rhode Island law requires the Principal’s signature to be acknowledged by a Notary Public.
   • Witnesses: While not strictly required for a RI Statutory Power of Attorney, having two disinterested witnesses is highly recommended for cross-border enforceability.
5. Digital Signature: If using DocuSign or Adobe Sign, ensure the notary component is handled via a Remote Online Notarization (RON) service authorized in Rhode Island.
6. Record Retention:
   • The original should be kept in a fireproof safe or with the Principal’s attorney.
   • Provide a certified copy to the Agent.
   • Provide copies to financial institutions (Banks, Vanguard, Fidelity) early to ensure they "flag" the Agent's authority on the accounts.
7. Filing: If the Agent will be handling real estate transactions, this document must be recorded in the Land Evidence Records of the city or town where the real estate is located (R.I. Gen. Laws § 34-13-1).