Medical Power of Attorney in Rhode Island: Healthcare POA Rules and Requirements

When a parent is rushed to the hospital and can't communicate, the first question is always "who can make decisions?" In Rhode Island, the answer depends on whether they executed a healthcare power of attorney under RIGL Chapter 23-4.10 — and whether they followed the state's unusually strict execution rules.

Rhode Island's Residency Requirement

Unlike most states, Rhode Island imposes a state residency mandate on healthcare POAs. The principal must be a legal resident of Rhode Island for the statutory form to be valid and binding.

Non-residents who own property or vacation homes in Rhode Island need to rely on their home state's healthcare POA. Rhode Island does recognize out-of-state instruments under RIGL § 23-4.10-11, provided they were executed in compliance with the laws of the principal's home state.

Who Can (and Cannot) Serve as Healthcare Agent

You can name only one primary healthcare agent — Rhode Island does not allow co-agents for medical decisions, though you can designate a first and second alternate who step in sequentially if the primary agent is unavailable.

Several categories of people are statutorily disqualified from serving as your healthcare agent:

• Your treating healthcare provider
• Any non-relative employee of your treating healthcare provider
• The operator of a community care facility
• Any non-relative employee of a community care facility operator

There's also an automatic revocation rule: if you name your spouse as healthcare agent and your marriage is later dissolved or annulled, the designation is revoked by operation of law.

Execution: Notary OR Two Witnesses

You must sign and date the healthcare POA in the presence of either one notary public or two qualified adult witnesses. This is different from the financial POA, which requires only notarization.

The witness rules are strict:

• Your designated agent, alternate agents, and healthcare providers cannot serve as witnesses
• At least one witness (or the notary) must sign a separate declaration under penalty of perjury certifying that they are not related to you by blood, marriage, or adoption, and not entitled to any portion of your estate

If you attach additional pages with specific end-of-life instructions — such as directions to withhold life-prolonging treatments — you must date and sign each additional page at the same time you execute the main document.

What the Healthcare POA Covers (and Doesn't)

Your healthcare agent can make medical treatment decisions when you're incapacitated. This includes consenting to or refusing medical procedures, choosing healthcare providers, and accessing your medical records.

What it does not cover:

• Post-death decisions: Healthcare POA authority terminates instantly at death, except for the narrow purpose of authorizing organ donation. Your agent cannot direct funeral arrangements, cremation, or burial.
• Financial decisions: A healthcare agent has zero authority over your bank accounts, property, or finances. That requires a separate financial POA under RIGL Chapter 18-16.
• Funeral planning: To control post-death arrangements, you need a separate Funeral Planning Agent designation under RIGL Chapter 5-33.3.

The Disinterested Witness Declaration

The "disinterested witness" rule trips up more Rhode Island families than almost any other requirement. At least one witness must sign a declaration certifying they have no financial stake in your estate. If both of your witnesses are relatives or potential heirs, the entire document may be challenged as invalid.

In practical terms, this means you should ask a neighbor, colleague, or family friend to serve as at least one witness. Having both witnesses be disinterested is even better.

Healthcare POA vs. Living Will

A healthcare POA gives decision-making authority to a person you trust. A living will (or advance directive) states your wishes directly — but only for end-of-life situations where you're terminally ill or permanently unconscious.

The best approach is both: a healthcare POA names who decides, and attached instructions tell them what you'd want. Under RIGL § 23-4.10, you can include life-sustaining treatment preferences directly in the healthcare POA document.

For complete healthcare and financial POA forms with Rhode Island-compliant witness declarations and step-by-step execution guides, see the Rhode Island Power of Attorney Kit.

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