Medical power of attorney in Rhode Island: how to sign one

Updated 2026-10-18

The short answer

In Rhode Island, a durable power of attorney for health care names someone to make medical decisions when you can't. Sign the state form before two qualified witnesses or a notary. Rhode Island has no default list of family or friends who can decide for you, so without this document a court-appointed guardian may be needed.

The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?

In Rhode Island, that question has a sharper edge than in most states, because the law doesn't name anyone by default. This page covers the document Rhode Island uses, how to sign it, who can't be your witness, how a living will fits in, and what happens if you name nobody. It is part of our estate planning guides for each state. For the basics of the role, see what a medical power of attorney is.

What is the document called in Rhode Island?

Rhode Island calls it a "durable power of attorney for health care." The law sets out a statutory form (R.I. Gen. Laws 23-4.10-2), and the signing rules are written into that form.

The form's warning says the signer must be 18 and "a resident of the state." If you move to Rhode Island, a health care power of attorney validly signed in another state under that state's law is valid here (R.I. Gen. Laws 23-4.10-11).

How do I sign it?

You sign and date the form. Then it needs one of these, present when you sign or acknowledge your signature (R.I. Gen. Laws 23-4.10-2):

Two qualified adult witnesses, or
One notary public.

At least one of the witnesses, or the notary, must also declare that they aren't related to you by blood, marriage or adoption and aren't entitled to any part of your estate by will or by law. If you add extra pages, date and sign them at the same time.

Rhode Island's financial power of attorney follows different rules. Our Rhode Island power of attorney guide covers that document.

Who can't be my witness or my agent?

These people can't witness your health care power of attorney:

Person	Can witness?
The person you name as agent, or the alternate	No
A health care provider, or a provider's employee	No
The operator of a community care facility, or that operator's employee	No
A relative, or someone who would inherit from you	Yes, but at least one witness (or the notary) must be neither
A friend or neighbor who is none of the above	Yes

Some people also can't be your agent: your treating health care provider, a nonrelative employee of that provider, an operator of a community care facility, or a nonrelative employee of that operator (R.I. Gen. Laws 23-4.10-1).

The simplest path for most people is a notary who isn't related to you.

What can my agent decide?

Your agent makes the health care decisions you would make if you could, within what your document allows. Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.

In daily terms, that usually means talking with your doctors, reading your chart, and agreeing to or declining a test, a surgery or a new medicine in light of your wishes. Your financial power of attorney doesn't cover any of this.

Do I need a living will too?

Many people sign both. A health care power of attorney names a person. A living will writes down your wishes about treatment, so that person isn't guessing.

Rhode Island's living will is called a "declaration" under its Rights of the Terminally Ill Act (R.I. Gen. Laws 23-4.11-3). It covers withholding or withdrawing life-sustaining procedures. The signing rules are stricter in one way:

It must be signed before two witnesses who aren't related to you by blood or marriage.
There is no notary option for the declaration.

It takes effect only when it has been given to your attending physician, the physician finds you're in a terminal condition, and you can't make treatment decisions. The statute offers an optional form, with a checkbox on artificial feeding. Rhode Island also uses medical orders for life sustaining treatment (MOLST) (R.I. Gen. Laws 23-4.11-3.1).

If you sign both documents at once, use two witnesses who aren't related to you, aren't in your will, and aren't your agent or a health care provider. That way one signing meets both sets of rules. Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.

Who decides if I haven't named anyone?

Rhode Island has no statute that answers this. Its health care laws contain no default list of family members or friends who can make medical decisions for an adult who can't (R.I. Gen. Laws 23-4.6-1, 23-4.11-2).

That means your spouse, your children and your closest friend have no statutory right to decide for you. Without a health care power of attorney, the legal route is a court-appointed guardian (Title 33, chapter 33-15).

Who	Can make medical decisions for you in Rhode Island?
A health care agent you named	Yes
A court-appointed guardian	Yes, after a court case
Your spouse	No statutory default right
Your adult children	No statutory default right
Your brothers and sisters	No statutory default right
A close friend	No statutory default right

This is the clearest reason to sign the form. A short document, two witnesses or a notary, and the person who knows your wishes can speak for you without a court.

Our post on medical decisions without a power of attorney compares other states, and the 50-state guide to default decision-makers has the full picture. You can also check your own situation with our short who decides for me tool.

Here is a typical case, a composite. Linda is 71, divorced, and lives in Newport. Her daughter lives in Chicago. Her friend June has driven her to every appointment since her knee surgery and knows what she'd want. Linda names June as her health care agent and her daughter as alternate, and signs with two neighbors as witnesses.

How do I choose my agent?

Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?

A short checklist:

They know what you want, because you've told them.
They can stay calm in a hospital hallway and ask questions.
They live close enough, or can travel when needed.
You've named an alternate in case they can't.

Our post on how to choose a medical power of attorney has more questions to ask.

Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.

Once your health papers are done, our Rhode Island probate guide covers what happens to your home and savings later.

Common questions

Does a medical power of attorney need to be notarized in Rhode Island?

Not necessarily. It needs either one notary or two qualified adult witnesses. At least one witness, or the notary, must be unrelated to you and not entitled to inherit from you.

Who makes medical decisions in Rhode Island if there's no power of attorney?

Rhode Island has no statute naming a default decision-maker. Family members and friends have no statutory right to decide. Without a health care power of attorney, a court-appointed guardian may be needed.

Can a family member witness my Rhode Island health care power of attorney?

A relative can be one of two witnesses, as long as the other witness is unrelated and not an heir. For a living will declaration, both witnesses must be unrelated to you.

Does a living will in Rhode Island need a notary?

No, and a notary by itself isn't enough. A Rhode Island declaration must be signed before two witnesses who aren't related to you by blood or marriage.

Is there an official Rhode Island form?

Yes. Rhode Island's statutes set out a form for the durable power of attorney for health care, with the witnessing rules built in, and an optional form for the living will declaration.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Rhode Island: rules, signing, who to namePower of attorney in Rhode Island is durable only if it says so, the short form must be notarized, and banks aren't forced to accept it. How to sign it.State guidesProbate in Rhode Island: small estates, no will, skipping courtSmall estate affidavit Rhode Island rules: $15,000, personal property only, 30 days after death, plus who inherits with no will and the 2026 estate tax.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.