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A Rhode Island living will, also known as an advance directive or an advance directive form, has an important job. It explains your desire for medical treatment if you are incapacitated. It is a legal document governed by Rhode Island law. Examples of conditions that may cause incapacitation include an irreversible condition, terminal condition, the dying process, or an incurable injury. This is not a complete list. Medical decisions and medical procedures that you may wish to include are whether you wish to use or forgo artificial nutrition or hydration, whether you have a do not resuscitate order (DNR order) which addresses cardiopulmonary resuscitation (CPR), organ donation, withdrawal of life support, and comfort care. If you have specific religious or personal beliefs that also impact your end-of-life care decisions, those should be specifically explained so that they may be honored by medical staff and your loved ones.
A Rhode Island living will also names a health care agent or health care decision-maker who will make your medical decisions during that time. There are specific laws in the State of Rhode Island that explain who can and can't be named as your agent. A Rhode Island living will is required to be signed by two witnesses who are not related to you by blood or marriage.
This document does not operate in quite the same way as a power of attorney, Rhode Island durable power of attorney, or power of attorney for health care (also referred to as a medical power of attorney). While these documents can give another person the ability to make decisions on your behalf, they do not allow the agent to make end-of-life decisions for you. You should seek legal advice to better understand the differences between these documents.
§ 23-4.11-1 through § 23-4.11-15: The Rights of the Terminally Ill Act states that a living will is only effective if an executed copy is provided to the physician and made part of the patient’s medical file. For the living will to take effect, the declarant must be diagnosed with a terminal condition and the declarant must not be able to make their own decisions.
Another important end of life document is a Rhode Island last will and testament.
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