State Codes and Statutes
Statutes > Rhode-island > Title-34 > Chapter-34-22 > 34-22-6-1SECTION 34-22-6.1
§ 34-22-6.1 When power of attorney notaffected by incompetency. – (a) Whenever a donor of a power of attorney designates another his or herattorney in fact or agent by a power of attorney in writing and the writingcontains the words "This power of attorney shall not be affected by theincompetency of the donor", or "This power of attorney shall become effectiveupon the incompetency of the donor", or similar words showing the intent of thedonor that the authority conferred is exercisable notwithstanding the donor'sincompetency, the authority of the attorney in fact or agent is exercisable asprovided in the power on behalf of the donor notwithstanding later incompetencyof the donor at law or later uncertainty as to whether the donor is dead oralive, and unless it states a time of termination, the authority conferredremains exercisable notwithstanding the lapse of time since the execution ofthe instrument. All acts done by the attorney in fact or agent pursuant to thepower during any period of incompetence or uncertainty as to whether the donoris dead or alive have the same effect and inure to the benefit of and bind thedonor or the donor's heirs, devisees, and personal representative as if thedonor were alive and competent. If a guardian or conservator subsequently isappointed for the donor, the attorney in fact or agent, during the continuanceof the appointment, accounts to the guardian or conservator rather than thedonor. The guardian or conservator has the same power the donor would have hadif the donor were not incompetent to revoke, suspend, or terminate all or anypart of the power of attorney or agency.
(b) Any person who acts in good faith reliance on a power ofattorney, whether such power is authorized pursuant to subsection (a) of thissection or is otherwise valid on its face, shall incur no liability as a resultof acting in accordance with the instructions of the attorney in fact or agent.
