§ 18-16-9 - Claims and litigation. - Rhode Island Statutes

SECTION 18-16-9

   § 18-16-9  Claims and litigation. –(a) In a statutory short form power of attorney, the language conferringgeneral authority with respect to claims and litigation shall be construed tomean that the principal authorizes the agent:

   (1) To assert and prosecute before any court, administrativeboard, department, commissioner or other tribunal any cause of action, claim,counterclaim, offset, or defense, which the principal has, or claims to have,against any individual, partnership, association, corporation, government, orother person or instrumentality, including, but not limited to, power to suefor the recovery of land or of any other thing of value, for the recovery ofdamages sustained by the principal in any manner, for the elimination ormodification of tax liability, for injunction, for specific performance, or forany other relief;

   (2) To bring an action of interpleader or other action todetermine adverse claims; to intervene or interplead in any action orproceeding, and to act in any litigation as amicus curiae;

   (3) In connection with any action or proceeding orcontroversy, at law or otherwise, to apply for and, if possible, procure alibel, an attachment, a garnishment, an order of arrest or other preliminary,provisional or intermediate relief and to resort to and utilize in all wayspermitted by law any available procedure for the effectuation or satisfactionof the judgment, order or decree obtained;

   (4) In connection with any action or proceeding, at law orotherwise, to perform any act which the principal might perform, including, butnot limited to, acceptance of tender, offer of judgment, admission of anyfacts, submission of any controversy on an agreed statement of facts, consentto examination before trial, and generally to bind the principal in the conductof any litigation or controversy as seems desirable to the agent;

   (5) To submit to arbitration, settle, and propose or accept acompromise with respect to, any claim existing in favor of or against theprincipal, or any litigation to which the principal is or may become or bedesignated a party;

   (6) To waive the issuance, and service of a summons, citationor other process upon the principal; to accept service of process; to appearfor the principal; to designate persons upon whom process directed to theprincipal may be served; to execute and file or deliver stipulations on theprincipal's behalf; to verify pleadings; to appeal to appellate tribunals, toprocure and give surety and indemnity bonds at the times and to the extent thatthe agent deems desirable or necessary; to contract and pay for thepreparations and printing of records and briefs; to receive and execute andfile or deliver any consent, waiver, release, confession of judgment,satisfaction of judgment, notice, agreement or other instrument which the agentdeems desirable or necessary in connection with the prosecution, settlement ordefense of any claim by or against the principal or of any litigation to whichthe principal is or may become or be designated a party;

   (7) To appear for, represent and act for the principal withrespect to bankruptcy or insolvency proceedings, whether voluntary orinvoluntary, whether of the principal or of some other person, with respect toany reorganization proceeding, or with respect to any receivership orapplication for the appointment of a receiver or trustee which, in any way,affects any interest of the principal in any land, chattel, bond, share,commodity interest, chose in action or other thing of value;

   (8) To hire, discharge and compensate any attorney,accountant, expert witness or other assistant or assistants when the agentdeems this action to be desirable for the proper execution by him or her of anypowers described in this section;

   (9) To pay, from funds in his or her control or for theaccount of the principal, any judgment against the principal or any settlementwhich may be made in connection with any transaction enumerated in thissection, and to receive and conserve any moneys or other things of value paidin settlement of or as proceeds of one or more of the transactions enumeratedin this section, and to receive and endorse checks and to deposit them; and

   (10) In general, and in addition to all the specific actsenumerated in this section, to do any other act or acts, which the principalcan do through an agent, in connection with any claim by or against theprincipal or with litigation to which the principal is or may become or bedesignated a party.

   (b) All powers described in this section shall be equallyexercisable with respect to any claim or litigation existing at the giving ofthe power of attorney or thereafter arising, whether arising in the state ofRhode Island or elsewhere.