Updated August 3, 2026. Quick answer: The statutory short form must be in writing and duly acknowledged by the principal in the manner prescribed for acknowledgment of a real property conveyance (i.e., before a notary or authorized officer); no attesting witnesses are required.. This state puts a form in its statute. A power of attorney here must say it is durable, or it ends at incapacity — which is the moment it was written for.
| Execution | The statutory short form must be in writing and duly acknowledged by the principal in the manner prescribed for acknowledgment of a real property conveyance (i.e., before a notary or authorized officer); no attesting witnesses are required. |
| Statutory form | Yes — R.I. Gen. Laws § 18-16-2 |
| Durability | Must say it is durable |
| Who may not witness | none stated (no witnesses are required at all under Chapter 18-16) |
| Agent must accept in writing | Not verified |
| Statute | R.I. Gen. Laws §§ 18-16-1 to 18-16-12 (Rhode Island Short Form Power of Attorney Act) |
What decides whether the document is valid
The statutory short form must be in writing and duly acknowledged by the principal in the manner prescribed for acknowledgment of a real property conveyance (i.e., before a notary or authorized officer); no attesting witnesses are required. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: none stated (no witnesses are required at all under Chapter 18-16) This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
The statutory form
Rhode Island sets out a form in its statute at R.I. Gen. Laws § 18-16-2, but does not publish a free ready-to-use copy. Using the statutory form generally means transcribing it from the statute.
Durability — the point most people get wrong
Here a power of attorney must state that it is durable. Without that language it ends exactly when incapacity begins — which is the situation it was almost certainly written for. This is the single most consequential drafting point in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
What is and is not settled on this page. The execution requirements above were read directly from this state’s own statute and are stated as verified. Some secondary fields — whether the agent must accept in writing, and the full mechanics of a springing power — could not be pinned down in the sections reached, and are shown as not verified rather than filled in.
If a bank refuses it
Rhode Island addresses this by statute: none found — Chapter 18-16 contains no provision requiring a third party to accept a valid power of attorney and no deadline/sanction for wrongful refusal.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.