Rhode Island Living Will Witness Requirements and Notary Rules

Rhode Island's witness requirements for advance directives are stricter than most states, and the rules differ depending on which document you are signing. Getting this wrong can invalidate your entire advance directive when it matters most.

Living Will: Two Witnesses Required, No Notary Alternative

For the Living Will (Declaration under R.I. Gen. Laws § 23-4.11-3), Rhode Island does not accept notarization as an alternative to witnesses. You must sign before two subscribing witnesses, period.

Both witnesses must meet these requirements:

• Unrelated to you by blood or marriage
• No estate interest — neither witness can be entitled to any portion of your estate under your will or through intestate succession

There is no specific requirement that witnesses be Rhode Island residents for the Living Will, but they must be adults capable of testifying that you signed voluntarily.

DPOAH: Witnesses or Notary — Your Choice

For the Durable Power of Attorney for Healthcare (R.I. Gen. Laws § 23-4.10-2), you have two options:

Option A — Two Witnesses. Both must be at least 18 and meet these disqualifications:

• Cannot be your designated healthcare agent or alternate agent
• Cannot be a healthcare provider (physician, nurse, therapist)
• Cannot be an employee of a healthcare provider
• Cannot be the owner or operator of a community care facility (assisted living, nursing home)
• Cannot be an employee of a community care facility
• At least one witness must be unrelated by blood, marriage, or adoption and must have no claim on your estate

Option B — One Notary Public. The notary must be unrelated to you by blood, marriage, or adoption, and must not be entitled to any portion of your estate.

If you choose witnesses for the DPOAH, at least one must sign an additional statutory declaration under penalty of perjury confirming their lack of relationship and estate interest.

Who Makes a Good Witness?

Given the disqualifications, finding witnesses is harder than it sounds — especially if you're completing these documents in a healthcare facility where nearly everyone is disqualified.

Good options:

• Neighbors or friends (unrelated, no estate interest)
• Coworkers or colleagues
• Members of your church, mosque, synagogue, or community organization
• Bank employees (some banks offer notary services and can also serve as witnesses)
• A local attorney's office staff (if you consult one)

Poor options:

• Spouse, children, siblings, parents (related by blood or marriage)
• Anyone named as a beneficiary in your will
• Your doctor, nurse, or their office staff (DPOAH disqualification)
• Staff at your nursing home or assisted living facility (DPOAH disqualification)

Common Witness Mistakes

Using the same person as agent and witness. Your designated healthcare agent cannot also serve as a witness to the DPOAH. This seems obvious, but people do it — especially when completing forms in a rush.

Assuming a notary covers both documents. A notary satisfies the DPOAH requirement but does not satisfy the Living Will requirement. If you visit a notary for the DPOAH, you still need two separate witnesses for the Living Will.

Using family members for the Living Will. Even in-laws are disqualified — they are related by marriage.

What If You're in a Nursing Home or Hospital?

This is the trickiest situation. Nearly all staff at a healthcare facility are disqualified from witnessing the DPOAH. For the Living Will, the disqualifications are narrower (unrelated, no estate interest), but finding two unrelated people in a facility still requires planning.

Options: ask friends or community members to visit specifically for the signing, contact your local Area Agency on Aging for volunteer witness programs, or arrange for a mobile notary (for the DPOAH) plus two visiting friends (for the Living Will).

Can I Use the Same Witnesses for Both Documents?

Yes, if they qualify under both sets of rules. The DPOAH has more disqualifications (healthcare worker exclusions), so a witness who qualifies for the DPOAH will almost certainly qualify for the Living Will. However, double-check that both witnesses are:

• Unrelated to you by blood or marriage
• Not entitled to any portion of your estate
• Not your healthcare agent or alternate
• Not healthcare providers or facility employees

If both witnesses meet all these criteria, you can use the same two people for both documents and sign everything in one sitting.

What About Electronic or Remote Witnessing?

Rhode Island's advance directive statutes require physical presence — the witnesses must be "subscribing witnesses," which traditionally means physically present at the signing. While some states expanded to allow remote notarization and witnessing during COVID-19, Rhode Island's advance directive statutes have not been amended to explicitly authorize electronic or remote witnessing.

For the DPOAH, if you choose the notary option, check whether Rhode Island currently permits remote online notarization (RON) for healthcare documents. Even if RON is available, the safer approach is in-person execution to avoid any challenge to validity.

The Rhode Island Advance Directive & Living Will Kit includes a witness eligibility checklist that walks through every disqualification so you can verify your witnesses before signing day.

See more Rhode Island guides →