![Rhode Island Advance Directive Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fadvance-directive-general.png&w=3840&q=75)
An advance directive in Rhode Island is a document through which a patient declares their medical wishes, including preferences for end-of-life treatment and palliative care in specific medical situations.
This document not only outlines the patient's desires regarding medical treatment (which is why it’s also commonly referred to as a living will). It can also include a durable power of attorney for health care, also known as a medical power of attorney.
Through the POA document, the patient can appoint an agent to make healthcare decisions that are in line with the instructions specified in the document on their behalf.
Signing Requirements for the Rhode Island Advance Health Care Directive
As outlined in Section 23-4.10-2 of the Rhode Island General Assembly, a healthcare advance directive must meet the following signing requirements to be legally valid:
Signing Requirements for the Rhode Island
The principal must be at least 18 years old and a resident of Rhode Island.
The advance directive form must either be signed by two qualified witnesses or acknowledged by a public notary.
Additionally, certain individuals are not eligible to act as witnesses, including:
Designated agents or any alternate agents named in the document
Health providers involved in the principal's care
Anyone affiliated with a care facility where the principal receives services, such as the operator of the facility or employees working for the facility or its operator
Rhode Island Advance Health Care Directive Revocation & Changing
Rhode Island advance directive becomes effective when the principal becomes incapacitated and is unable to communicate their health care wishes. This includes situations such as being in a coma, a persistent vegetative state, or any condition where the individual cannot make their own decisions.
According to Section 23-4.10-3, the principal can revoke the advance directive for health care at any time, as long as they can communicate their decisions, regardless of their mental or physical condition. The revocation is effective only when the attending physician or health care provider is notified by the principal of someone who witnesses the revocation.
Additional Legal Considerations for Rhode Island Advance Health Care Directive
Section 23-4.10-6 specifies that if a doctor or health care provider refuses to follow the declarant advance directive, they must transfer the principal to another doctor who will respect and follow the instruction in the advance directive form.
Also, according to Section 23-4.10-11, a health care advance directive issued in another state that follows the legal requirements of that state will be recognized as valid in Rhode Island.
How to Choose a Health Care Agent in Rhode Island
To choose a Rhode Island health care proxy, select someone you completely trust who is at least 18 years old and mentally competent. They should understand your values and preferences regarding medical care.
While family members are common choices, you can also select a close friend or lawyer. However, your physician, health care provider, or any employee of a facility where you receive care cannot act as your agent unless they are related to you.
What Happens if You Don’t Have an Advance Directive in Rhode Island?
If you don't have an advance directive in Rhode Island and become incapacitated, decisions about your medical care will fall to your family, close friends, or a court-appointed guardian. These individuals will rely on recommendations from your doctors, which means the choices made may not fully reflect your personal preferences.
So, as this document helps eliminate uncertainty and ensures that your wishes are respected, creating one on time should be essential to everyone's advance care planning.