A last will and testament (a “will”) is the foundation of a good estate plan. You can use your will to provide for the distribution of your assets after your death as you see fit. If you have minor children, you can name guardians for them in a will too.

A living will is not a will in the traditional sense. It is a document you use to describe your wishes regarding medical treatment in the event that you become medically incapacitated with a terminal condition. You cannot use this document to name beneficiaries or describe who should receive your property.

A good estate plan contains both a living will and a will. By having both documents, you can make your wishes known regarding both your future health care and your property.

Yes. Under Rhode Island law, your out-of-state health care directive and living will is valid if you created it in compliance with that state’s laws.

However, state laws are subject to change, so it’s a good policy to create advance directives that are tailored to Rhode Island law. If you have recently moved to Rhode Island from another state, it’s a good time to review your estate plan, including your advance directives. This will help to ensure that your instructions continue to reflect your wishes.

Through FindLaw, you can create a Rhode Island health care directive and living will in under an hour without needing to leave the comfort of home.

Your health care directive and living will does not go into effect just because of a medical emergency or an overnight hospital stay. It only becomes operative in more serious medical circumstances.

Under Rhode Island’s health care statutes, your health care directive and living will only goes into effect in the event that you become unable to consent to treatment, have a terminal condition, and your attending physician is aware of your health care directive and living will.

Your doctors may not act on the directions in your health care directive and living will if you are still able to communicate your treatment preferences. Your doctors must consult with you directly about your treatment choices as long as you are able to understand your options and give informed consent about medical treatment.

If your doctor is unwilling to carry out the terms of your health care directive and living will, Rhode Island statutes state that the doctor must transfer you to another health care provider who is willing to act on your wishes.

Under Rhode Island law, you can revoke your health care directive and living will or your POA document at any time and in any manner you are able to. This might include creating a new writing to revoke your prior advance directives or physically destroying your documents.

A good way of revoking your health care directive and living will is to create a new one that more accurately reflects your wishes. With FindLaw, you can create a new health care directive and living will that revokes all prior ones quickly and for only $35.

It’s important that you inform your health care providers immediately of your revocation. They will not be held liable in Rhode Island for acting on your health care directive and living will unless they were actually aware that you had revoked it.

In addition to informing your medical staff of a revocation, you should also let your healthcare agent and loved ones know. If you revoke your POA, you need to make your healthcare agent aware that you no longer need their services.