§ 18-3-1 Short title
§ 18-3-2 Definitions
§ 18-3-3 Delegation of powers by fiduciary
§ 18-3-4 Implied or constructive trust
§ 18-3-5 Power of attorney – Recording
§ 18-3-6 Power additional
§ 18-3-7 Judicial approval of delegation
§ 18-3-8 Time of execution of power of attorney
§ 18-3-9 Acts performed before notice of revocation of power
§ 18-3-10 Notice that donor of power is missing
§ 18-3-11 Appointment in good faith
§ 18-3-12 Judicial supervision of donee
§ 18-3-13 Delegation of powers by donee
§ 18-3-14 Exercise of powers by cofiduciaries
§ 18-3-15 Conclusive effect of statement under oath by cofiduciaries
§ 18-3-16 Chapter controlling

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Terms Used In Rhode Island General Laws > Chapter 18-3 - Fiduciaries' Emergency Act

  • Cofiduciary: means a trustee or personal representative empowered to exercise fiduciary functions jointly with any person authorized to delegate functions under the provisions of § 18-3-3;

    (2)  "Fiduciary" means any trustee or personal representative;

    (3)  "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

  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • 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

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • 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
  • Probate: Proving a will
  • Statute: A law passed by a legislature.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8