RHODE ISLAND LEGAL INFORMATION

Witnesses: Rhode Island law requires two individuals witness the signature of the maker;

Who may be a witness? Rhode Island law contains the following restrictions upon witnesses to a living will:

None of the following may be used as a witness: (1) A person you designate as your agent or alternate agent, (2) A health care provider, (3) An employee of a health care provider, (4) The operator of a community care facility, (5) An employee of an operator of a community care facility. Also, at least one of the above witnesses must sign the following declaration: "I further declare under penalty of perjury that I am not related to the principal by blood, marriage, or adoption, and, to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law."

Rhode Island Stat. Section 23-4.10-2; Note: These restrictions are actually contained in the Rhode Island Medical Power of Attorney statute. It is quite common to combine a medical power of attorney with an advance medical directive (or living will) and, therefore, we have included this information on this page.

Notary: There is no express provision in the Rhode Island statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? There is no requirement health care agent sign the form before his or her appointment becomes effective;

Rhode Island Statutes containing living will requirements, Rhode Island Stat. Section 23-4.11-3, et al.

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