A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Rhode Island, a living will is legally recognized as an Advance Directive for Health Care. This document allows an individual, known as the declarant, to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to a medical emergency. The living will can include instructions on the administration, withholding, or withdrawal of life-sustaining treatments if the declarant is in a terminal condition or permanently unconscious. Rhode Island law requires that the living will be in writing, signed by the declarant, and witnessed by two individuals who are not beneficiaries or responsible for the declarant's healthcare costs. The document may also be notarized. Additionally, Rhode Island recognizes Do Not Resuscitate (DNR) orders, which are separate directives that inform medical personnel not to perform CPR if the patient's breathing or heartbeat stops. The state's statutes governing these matters can typically be found in the Health and Safety section, specifically under the Rights of the Terminally Ill Act.