(a)  All jurisdiction and powers of any court shall apply to the donee of the power of attorney in the same manner and to the same extent with respect to the exercise of the functions and the administration of the trust or estate to which the power of attorney relates, as if the donee was acting in relation to the trust or estate in the same capacity as the donor of the power of attorney.

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Terms Used In Rhode Island General Laws 18-3-12

  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Functions: includes discretions, powers, and duties;

    (4)  "Person" includes corporations as well as natural persons;

    (5)  "Personal representative" means an executor under a will, an administrator cum testamento annexo, an administrator de bonis non, an administrator of an intestate estate, or a guardian of the estate of any person;

    (6)  "Power of attorney" and "power" means a power of attorney given pursuant to § 18-3-5;

    (7)  "Trustee" means any person who is designated in any written instrument, or court order, or in any will admitted to probate in this state to hold property upon trust, whether or not that person has assumed possession of the trust estate or entered upon his or her fiduciary duties;

    (8)  "War or national emergency" means any period during which the United States is engaged in any war, declared or undeclared, plus a period of sixty (60) days thereafter; and

    (9)  "War service" means:

    (i)  Active service during the period of any war or national emergency, whether within or outside of the territory of the United States of America, in any of the naval, military, or air forces of the United States;

    (ii)  Any active service during the period of any war or national emergency on any ship of United States registry; or

    (iii)  Any other work or employment during the period of any war or national emergency outside the continental United States and under the direction of the government of the United States. See Rhode Island General Laws 18-3-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC

(b)  The court at any time, or from time to time, may make any orders with respect to the bonds of the donor and donee of any power of attorney, or either of them, and as to the surety on the bonds, if any, that the court deems proper, with or without notice, in its discretion.

History of Section.
P.L. 1942, ch. 1140, § 2; G.L. 1956, § 18-3-12.