Living Will and Advance Directive in Rhode Island: What You Need to Know

When someone says "I have a living will," they usually mean they've written down their end-of-life medical preferences. But in Rhode Island, there's a critical distinction between a living will (which states your wishes) and a healthcare power of attorney (which names someone to make decisions). Most families need both — and confusing the two can leave gaps in coverage that surface at the worst possible time.

Advance Directive vs. Healthcare Power of Attorney

Rhode Island recognizes two primary advance planning instruments for medical decisions:

Healthcare Power of Attorney (RIGL Chapter 23-4.10): Names a specific agent who can make any medical treatment decision on your behalf when you're incapacitated. This covers everything from choosing between surgical options to deciding on rehabilitation facilities. Your agent uses their judgment, guided by your known wishes.

Living Will / Advance Directive: States your specific instructions about life-sustaining treatment. This typically addresses whether you want artificial nutrition, mechanical ventilation, or cardiac resuscitation when you're terminally ill or permanently unconscious. The directive speaks for itself — no agent required.

The key difference: a healthcare POA gives flexibility (your agent can adapt to situations you couldn't predict), while a living will provides certainty (your specific wishes are documented regardless of who's available to advocate for them).

How Rhode Island Handles These Documents

Under RIGL § 23-4.10, you can attach your living will preferences directly to your healthcare POA. If you want your agent to follow specific end-of-life instructions, you add supplemental pages to the healthcare POA document. Each additional page must be dated and signed at the same time you execute the main form.

This combined approach is what most Rhode Island estate planning attorneys recommend. Your healthcare agent makes day-to-day medical decisions using their judgment, but for the biggest decisions — withdrawing life support, refusing resuscitation — your written instructions guide them.

The Healthcare Proxy Question

Some states use the term "healthcare proxy" instead of "healthcare power of attorney." In Rhode Island, the official statutory instrument is the Durable Power of Attorney for Health Care under RIGL Chapter 23-4.10. If someone asks about a Rhode Island "healthcare proxy," they're referring to this same document.

The person you name is technically called your "agent" or "attorney-in-fact," not a "proxy," but the function is identical — they make medical decisions when you can't.

What a Living Will Cannot Do

A standalone living will has significant limitations:

• It only applies to end-of-life situations (terminal illness or permanent unconsciousness) — it doesn't cover the much more common scenario where you're temporarily incapacitated after surgery, a stroke, or an accident
• It cannot name someone to interpret your wishes when situations are ambiguous
• It cannot authorize someone to access your medical records or communicate with your doctors on your behalf
• It provides no authority over financial matters, funeral planning, or any non-medical decisions

This is why a healthcare POA is generally more important than a living will alone. The POA covers the full spectrum of incapacity, not just the final chapter.

Execution Requirements

For a healthcare POA (with or without attached living will instructions):

• You must be a Rhode Island resident and at least 18 years old
• Sign in the presence of one notary public OR two qualified adult witnesses
• At least one witness must be disinterested (not a relative, not a potential heir)
• Your healthcare agent and healthcare providers cannot serve as witnesses

Putting the Pieces Together

The strongest advance planning setup in Rhode Island includes three documents:

1. Healthcare POA naming your medical decision-maker
2. Attached living will instructions stating your end-of-life preferences
3. Financial POA (separate document under RIGL Chapter 18-16) authorizing someone to manage your money and property

Without all three, there's a gap somewhere — either no one can make medical decisions, no one knows your end-of-life wishes, or no one can pay your bills while you recover.

The Rhode Island Power of Attorney Kit covers both the financial and healthcare POA with Rhode Island-specific execution checklists, including guidance on incorporating your advance directive preferences.

See more Rhode Island guides →