Division of Health Services Regulation

Advance Directives

The Rhode Island General Assembly has recognized that adult persons have the fundamental right to control decisions relating to their rendering of their own medical care. Rhode Island state laws include two specific means which allow individuals the right to participate in the decisions affecting their medical treatment even after they are no longer able to actively participate in the medical care treatment decisions. These two provisions are commonly referred to as:

In brief, these laws [and the documents they authorize] allow competent adults to set forth their desires for medical decision-making should they themselves become unable to make those decisions.

The "Durable Power of Attorney for Health Care" allows an individual to authorize another person to be their agent to make decisions affecting their health care should they become unable to do so themselves. In addition the Durable Power of Attorney for Health Care can also include specific limitations or guidance regarding the individual's particular desires and wishes. You do not have to have been determined to have a terminal condition for activating the provisions of the Durable Power of Attorney for Health Care. If you desire to name an individual to serve as your designee for these purposes, the statutory form of the Durable Power of Attorney for Health Care must be used.

The "Living Will" allows an individual to set forth instructions to their physician relative to the individual's desire that the physician withhold or withdraw life sustaining procedures in the event of a terminal condition. If you desire to establish a "Living Will you may use the form set forth in the statute (as provided here) or you may devise your own form if it meets the requirements of the Act [Chapter 23-4.11].

If you have questions regarding the legal issues relative to either of these forms, you should consult an attorney.