A health care directive and living will is a type of advance healthcare directive (“advance directive“). You can use a health care directive and living will to make your own choice about the administration or withdrawal of life-sustaining treatment that would only prolong the dying process. This decision would go into effect in the event that you become unable to make your own decisions and have a terminal condition.

It can be difficult to make these serious medical choices, but it’s worth the effort. It may save your loved ones from family turmoil if you make your end-of-life wishes known in advance. With a health care directive and living will, you can potentially spare your family members from arguments over conflicting views on your medical choices. If you have trouble making these decisions, it may be helpful to discuss them with a trusted doctor and close loved ones before finalizing your document.

Under Title 23 of Rhode Island statutes, you have the option of choosing a health care agent who can make medical decisions for you if you become unable to do so for yourself. The legal document you would use to name your healthcare agent is called a durable power of attorney for health care (a “POA”). It is also sometimes referred to as a health care power of attorney. This is another type of advance directive in addition to a health care directive and living will. You are under no obligation to name a healthcare agent. But it can give you peace of mind to know that a trusted person will make your health care decisions if you cannot make them for yourself.

If you would like to choose a health care agent, you should consider this choice carefully. You need to make sure that you trust this person to carry out the terms of your health care directive and living will and to act in your best interests on medical decisions that are not covered by yourhealth care directive and  living will. Another important consideration is whether this person will be willing to be assertive with family members and medical staff to advocate for your wishes. Also, consider whether your healthcare agent lives within close proximity and will be able to be by your side at short notice.

Many people choose a close family member for this role. Common choices include a sibling, a spouse, an adult child, or other family member. Before finalizing your choice of a healthcare agent, you should talk to this person and make sure they are willing to take on this major responsibility.

The requirements on health care directive and living will signatures are described in Rhode Island’s Rights of the Terminally Ill Act.

To make your health care directive and living will legally valid, you must sign it or direct someone to do so on your behalf. There must be two witnesses present when you sign. The witnesses must also sign the document. Neither of the witnesses should be related to you by blood or marriage.

After you sign your advance directives, you need to make sure that the right people have them. First of all, you should provide your health care agent with a copy. This will give them a better idea about your end-of-life treatment preferences.

Make sure to give your advance directives to your health care providers too. They will not be able to act on the instructions in your advance directives if they do not have copies of them. Finally, be sure to provide any close loved ones with your health care directive and living will and put a copy in a safe place that they know about and can access.

You should review your advance directives from time to time to make sure that you still agree with the selections you had previously made. There are also certain life events that may make it necessary to revise your advance directives. If you have gone through a divorce, an interstate move, received a new diagnosis, or simply had a change of heart, you may need to update your advance directives. In the event of a divorce, you may want to name a new health care agent to replace your former spouse.