Rhode Island Living Will Requirements
Based on Rhode Island General Laws §23-4.11-1 et seq. (Rights of the Terminally Ill Act)
Quick Summary
- Document type: Declaration (Living Will)
- 2 witnesses required
- Notarization not required
Witness Requirements
Rhode Island requires 2 witnesses who are present when you sign your declaration (living will). Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be related to the declarant by blood or marriage
- A witness cannot be entitled to any portion of the declarant's estate upon death
- A witness cannot have any claims against the declarant's estate
- A witness cannot be directly financially responsible for the declarant's medical care
When Your Living Will Takes Effect
Your Rhode Island living will becomes effective when the following conditions are met:
Terminal Illness
An incurable or irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of the attending physician, result in death within a relatively short time.
Persistent Vegetative State
A state of permanent unconsciousness in which there is no voluntary action or cognitive behavior and an inability to communicate or interact purposefully with the environment.
Irreversible Condition
A condition, injury, or illness that is not reversible, even with the administration of available medical treatment, and that will result in death or permanent unconsciousness.
Important Notes for Rhode Island
- Rhode Island follows the Rights of the Terminally Ill Act (R.I. Gen. Laws §23-4.11-1 et seq.)
- Rhode Island also has a separate Health Care Power of Attorney Act (R.I. Gen. Laws §23-4.10-1 et seq.)
- The living will (declaration) requires two unrelated witnesses; notarization is not required for the declaration
- For the health care power of attorney, notarization may serve as an alternative to witnesses
- Rhode Island provides an optional statutory declaration form under §23-4.11-3
- A declaration becomes operative when the declarant is in a terminal condition and is no longer able to make decisions regarding administration of life-sustaining procedures
- A declaration may be revoked at any time by the declarant without regard to mental or physical condition
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.