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Signing Over Authority

R.I. Gen. Laws § 34-22-6.1 — a power of attorney that survives incompetency only if it says so

The words that make it durable. A written power of attorney keeps working after the person who signed it becomes incompetent only if it says so, in words like "This power of attorney shall not be affected by the incompetency of the donor" or "shall become effective upon the incompetency of the donor".

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Unless it states an end date, that authority continues however much time passes, and the agent's acts bind the donor and the donor's heirs as if the donor were alive and competent.

The General Laws include a statutory short form of power of attorney, which may be used and is then read by its own chapter.

Health care decisions use a separate document. A particular document is a question for a licensed Rhode Island attorney.

Sources for this section (2)
  1. R.I. Gen. Laws § 34-22-6.1 — When power of attorney not affected by incompetency
  2. R.I. Gen. Laws § 18-16-1 — Use of statutory form

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Rhode Island attorney.

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