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Estate Planning Law · Powers of Attorney

Powers of Attorney: Name the Person Who Can Act for You in Rhode Island.

A power of attorney can be a valuable part of an incapacity plan when it is carefully drafted, accepted, and placed with the right person.

What a power of attorney does

A power of attorney names an agent to act for you in the areas the document authorizes.

Financial authority

A durable financial power of attorney can authorize someone to handle accounts, real estate, taxes, contracts, and other legal or financial matters if you cannot. The exact authority depends on the document’s language.

Health care authority

A health care power of attorney or proxy names someone to communicate with providers and make medical decisions when you cannot make or communicate them. It works alongside, rather than as a replacement for, a living will or broader advance directive.

Durable does not mean unlimited

A durable power of attorney can remain effective after incapacity, but it does not make every planning problem disappear.

The honest risk

A broad financial power of attorney is effectively a blank check over your assets. Choose an agent carefully, give useful instructions, and consider whether certain powers should be limited or explained.

Institutions may resist it

Some banks and financial institutions will not accept an older power of attorney or will insist on their own form. That can create delay at exactly the time an agent is needed.

Why it is not a complete probate solution

Every power of attorney ends at death.

During life only

A durable power of attorney can help avoid a court petition for some financial decisions during incapacity. It cannot transfer your assets after death and cannot take the place of a will or funded trust.

A trust can fill the gap

A living trust can name a successor trustee who manages trust assets during incapacity and continues after death. Because a trust does not own every asset automatically, the documents and funding should be coordinated.

Choosing an agent

The right agent is someone who will act carefully, communicate clearly, and follow the plan.

Questions to ask

  • Will this person be available when a decision is urgent?
  • Can they keep records and separate your money from their own?
  • Do they understand your family, business, and property?
  • Should a co-agent, alternate, or professional be named?
  • Will the document still work with your bank and other institutions?

Clear answers

Frequently Asked Questions

Why does an estate plan matter if my estate is modest?

An estate plan can make your wishes clear, name people to act for you, and give your family a more organized path during a difficult time. The value of planning is not limited to the size of an estate; it also includes decisions about health care, finances, minor children, and beneficiary choices.

What is the difference between a will and a trust, and which one goes through probate?

A will gives instructions that take effect at death, while a trust holds and manages property under the trust terms. A will is generally presented through probate; assets properly held in a trust generally pass under the trust administration instead, although other assets may still require probate.

Is a will alone enough?

A will can be an important part of an estate plan, but it may not address incapacity, health care decisions, beneficiary designations, or how every asset will be handled. Whether additional documents are appropriate depends on your family, property, and wishes.

What is probate, and why do people try to avoid it?

Probate is the court-supervised process for handling certain assets and obligations after someone dies. People may seek to limit it because it can add administration, court involvement, public filings, and costs such as court filings, notices, professional services, appraisals, accounting, and maintaining property. The time and expense vary with the assets, debts, disputes, tax questions, and court requirements.

How can someone avoid probate, and what are the trade-offs?

Common planning tools include a properly funded revocable living trust, joint ownership with survivorship rights, beneficiary designations on accounts and insurance, and a transfer-on-death deed where that tool is available and appropriate. Each has trade-offs: joint ownership changes present control and can expose an asset to another owner’s problems, beneficiary designations must be kept current, a trust must be funded and administered, and a transfer-on-death deed depends on current law and careful drafting. Some assets may still need probate.

Start with a conversation

Bring the question. We will start there.

A clear first step can make the rest of the process easier to understand.

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