How to Fill Out an Advance Directive in Rhode Island: Step by Step

Filling out a Rhode Island advance directive is not complicated, but the state's specific witness rules and two-document structure trip people up. Here's exactly what to do, in order.

Step 1: Download Both Statutory Forms

Rhode Island requires two separate documents. You cannot combine them into one:

• Durable Power of Attorney for Healthcare (DPOAH) — available from the Rhode Island Department of Health at health.ri.gov
• Living Will (Declaration) — the statutory form is embedded in R.I. Gen. Laws § 23-4.11-3

Both forms are free. You do not need an attorney to complete them, though the execution rules must be followed exactly.

Step 2: Choose Your Healthcare Agent (DPOAH)

Your healthcare agent is the person who will make medical decisions if you lose capacity. Choose someone who:

• Knows your values and medical preferences
• Can handle high-pressure conversations with doctors
• Lives close enough to respond quickly (or is reachable by phone)
• Is willing to serve

Name at least one alternate agent in case your primary agent is unavailable. Under Rhode Island law, your agent has broad authority — they can consent to, refuse, or withdraw any treatment unless you specifically restrict them in writing.

Step 3: Complete the Living Will Choices

The Living Will section requires you to make specific decisions about end-of-life care:

The artificial nutrition checkbox: Rhode Island law defaults to providing tube feeding and IV fluids unless you explicitly check the box authorizing their withholding. Read this section carefully and make your choice — leaving it blank is itself a decision.

Life-sustaining procedures: Indicate whether you want physicians to withhold or withdraw treatments that would only artificially delay your death when you have a terminal condition.

Step 4: Find Qualified Witnesses

This is where most people get stuck. The rules differ by document:

For the Living Will: Two witnesses, both unrelated to you by blood or marriage, and neither entitled to any portion of your estate under your will or by intestate law. A notary alone does not satisfy the Living Will requirement.

For the DPOAH: Either two qualified witnesses or one notary public. If using witnesses, neither can be your healthcare agent or alternate agent, and neither can be a healthcare provider or facility employee. At least one must be unrelated and have no estate claim.

Good witness options: neighbors, coworkers, friends from your community. Avoid: family members, anyone named in your will, your doctor or their staff, nursing home employees.

Step 5: Sign and Date Everything Properly

Sign both documents on the same day if possible. Any additional pages appended to the DPOAH must be dated and signed at the same time as the main document. If your Living Will spans multiple pages, initial each page.

Step 6: Distribute Copies

Give copies to:

• Your healthcare agent and alternate agent
• Your primary care physician
• Any specialists managing chronic conditions
• The hospital you'd most likely be taken to
• A trusted family member who is not your agent

Keep the originals in a known, accessible location — not a safe deposit box, which may be inaccessible in an emergency.

Common Mistakes to Avoid

Using a generic multi-state form. Rhode Island's witness requirements are stricter than most states, and the artificial nutrition opt-in is unusual. Generic forms often miss these requirements.

Having your spouse witness both documents. A spouse is related by marriage and cannot serve as a witness for either the Living Will or the DPOAH in Rhode Island.

Forgetting to communicate your wishes. A signed form in a drawer helps no one. Tell your agent, your doctor, and your family what you want — the documents back up those conversations.

Not naming an alternate agent. If your primary healthcare agent is unavailable when a decision is needed — traveling, hospitalized themselves, or simply unreachable — an alternate agent takes over seamlessly. Without one, the hospital is back to square one.

Step 7: Review and Update Regularly

An advance directive is not a one-time task. Review your documents:

• After a major health diagnosis
• After a marriage, divorce, or death of your designated agent
• After moving to or from Rhode Island (other states have different rules)
• Every 3-5 years, even if nothing has changed, to confirm your preferences still reflect your values

To revoke a Rhode Island advance directive, you can destroy the document, write a signed and dated revocation, or verbally revoke it in front of a witness. If you execute a new DPOAH, it automatically revokes any prior version. Make sure all parties who have copies are notified of any revocation.

When to Go Beyond the Advance Directive

If you have a terminal diagnosis or advanced frailty, talk to your physician about completing a MOLST form. The MOLST translates your advance directive preferences into immediate medical orders on bright pink cardstock that EMTs and hospital staff can follow in real time.

If you want emergency responders to honor a DNR outside of a hospital, ask about Rhode Island's Comfort One bracelet program — a serialized metal bracelet that legally instructs EMTs not to perform CPR.

For a complete walkthrough with witness eligibility checklists and all the Rhode Island-specific forms in one place, the Rhode Island Advance Directive & Living Will Kit covers the entire process.

See more Rhode Island guides →