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Rhode Island Statutory Equivalent of Living Will or Declaration

Rhode Island Statutory Equivalent of Living Will or Declaration

Category:

Power of Attorney - Healthcare - Living Wills

State:

Rhode Island

Control #:

RI-P024

Format:

Instant download

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Description

This form allows you to express your specific wishes and desires regarding whether or not your life is prolonged by artificial means.

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Key Concepts & Definitions

Statutory Equivalent of Living Will or Declaration: A legal document that outlines an individual's preferences regarding medical treatment in situations where they are no longer able to make decisions due to incapacity or terminal illness. In the United States, this is commonly referred to as an 'Advance Directive'.

Step-by-Step Guide to Creating a Living Will

Determine Your Preferences: Reflect on your values and medical treatment preferences in case of incapacitation.
Consult with Healthcare Professionals: Talk to your doctor about what treatments might be necessary in various scenarios and what you might want to consider avoiding.
Legal Consultation: Meet with a lawyer who specializes in estate planning or elder law to ensure all legal requirements are met and the document is valid.
Document Your Decisions: Use the appropriate forms for your state or a guide provided by your attorney to put your wishes in writing.
Sign and Notarize: Ensure your living will is signed in the presence of witnesses or a notary as required by your state laws.
Distribute Copies: Provide copies of the signed document to your healthcare proxy, family members, and your primary care provider.

Risk Analysis

Lack of Clarity: If the living will is not clear, healthcare providers might be uncertain about your preferences, leading to potentially unwanted treatments.
State Specific Laws: Each state has different laws governing advance directives, potentially complicating enforcement if you are out of your home state.
Regular Updates Needed: As medical technology and personal preferences change, the document needs updating to remain relevant and enforceable.

Pros & Cons

Pros:
- Ensures your medical preferences are honored.
- Reduces the burden of decision-making on family members.
- Can prevent unnecessary and costly medical treatments.
Cons:
- Requires regular updating to align with current laws and medical practices.
- Might not be recognized if created out-of-state without additional verification.
- Potential for disputes among family members if not clearly communicated.

Common Mistakes & How to Avoid Them

Not Being Specific Enough: Clearly articulate all your medical treatment preferences to avoid ambiguity.
Failing to Update the Living Will: Regularly review and update your document to reflect any changes in your health condition or treatment preferences.
Poor Distribution: Ensure all relevant parties have the latest version of your living will to prevent misunderstandings.

How to fill out Rhode Island Statutory Equivalent Of Living Will Or Declaration?

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Power of Attorney and Living Will / Health Care Directive

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Definitions A "declaration" is a witnessed document executed in accordance with the requirements of §23-4.11-3. A "health care provider" is a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession. "Life sustaining procedure" is any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the dying process. "Life sustaining procedure" does not mean any medical procedure or intervention considered necessary by the attending physician to provide comfort and care or alleviate pain. A "qualified patient" is a patient who has executed a declaration in accordance with Rhode Island law and who has been determined by the attending physician to be in a terminal condition. A "terminal condition" is an incurable or irreversible condition that, without the administration of life sustaining procedures, will, in the opinion of the attending physician, result in death. The Declaration A competent individual eighteen years of age or older may at any time execute a declaration concerning the withholding or withdrawal of life sustaining procedures. The declaration must be signed by the declarant, or another at the declarant's direction in the presence of two subscribing witnesses who are not related to the declarant by blood or marriage. A physician or other health care provider who is provided a copy of the declaration must make that declaration a part of the declarant's medical record. A declaration is effective ONLY when:

The declaration is communicated to the attending physician; The declarant is determined by the attending physician to be in a terminal condition; and The declarant is unable to make treatment decisions.

Form The statutory form is not required. Revocation "A declaration may be revoked at any time and in any manner by which the declarant is able to communicate an intent to revoke, without regard to mental or physical condition." A revocation is only effective as to the attending physician or any health care provider upon communication to that physician or health care provider by the declarant or by another who witnessed the revocation. The attending physician or health care provider must make the revocation a part of the declarant's medical record. A revocation is only effective as to the attending physician or any health care provider or emergency medical services personnel upon communication to that physician health care provider or emergency medical services personnel by the declarant or by another who witnessed the revocation. Inconsistency With Durable Power of Attorney If there is an inconsistency between a declaration executed pursuant to this chapter and a durable health care power of attorney executed pursuant to chapter 4.10, both of which have been executed by the same person, the latter executed document shall control as to any inconsistent provision. Presumption of Validity A physician or health care provider or emergency medical services personnel may presume, in the absence of actual notice to the contrary, that a declaration complies with the requirements of Rhode Island law and is valid. Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

The declaration is communicated to the attending physician; The declarant is determined by the attending physician to be in a terminal condition; and The declarant is unable to make treatment decisions.

Rhode Island Statutory Equivalent of Living Will or Declaration

Description

Related forms

Viewed forms

Key Concepts & Definitions

Step-by-Step Guide to Creating a Living Will

Risk Analysis

Pros & Cons

Common Mistakes & How to Avoid Them

How to fill out Rhode Island Statutory Equivalent Of Living Will Or Declaration?

Power of Attorney and Living Will / Health Care Directive

Form popularity

Trusted and secure by over 3 million people of the world’s leading companies

Rhode Island Statutory Equivalent of Living Will or Declaration

Description

Related forms

Viewed forms

Key Concepts & Definitions

Step-by-Step Guide to Creating a Living Will

Risk Analysis

Pros & Cons

Common Mistakes & How to Avoid Them

How to fill out Rhode Island Statutory Equivalent Of Living Will Or Declaration?

Power of Attorney and Living Will / Health Care Directive

Form popularity

Rhode Island Statutory Equivalent of Living Will or Declaration Related Searches

Trusted and secure by over 3 million people of the world’s leading companies