Rhode Island: Health Care Power of Attorney Requirements

Rhode Island regulates the appointment in its standalone Health Care Power of
Attorney chapter, R.I. Gen. Laws chapter 23-4.10. Section 23-4.10-2 provides the
statutory form and its mandatory execution procedure; the state's living-will act
is a separate chapter.

Requirements one by one

Governing law and document

The chapter defines a durable power of attorney as a witnessed document executed
under § 23-4.10-2 (§ 23-4.10-1.1(5)). The form appoints one primary agent and may
name alternates. It also permits treatment instructions and limits, but the agent
appointment is the feature covered here.

Who can sign

The principal must be at least 18 and a Rhode Island resident. The principal
must date and sign the document (§ 23-4.10-2). The chapter states no alternate-
signer or directed-signature route.

Witnesses or notary

Rhode Island offers two alternatives: two qualified adult witnesses or one
notary public. The selected witnesses or notary must be present when the
principal signs or acknowledges the signature (§ 23-4.10-2).

There is a second signature requirement. At least one of the two witnesses—or the
notary when the notary route is used—must sign the declaration that the signer is
not related by blood, marriage, or adoption and, to the best of the signer's
knowledge, is not an heir under an existing will or by law.

Who cannot witness or serve

The agent or alternate, a health care provider or its employee, and the operator
or employee of a community care facility cannot witness (§ 23-4.10-2). At least
one witness, or the lone notary, must also satisfy the unrelated/non-heir rule.

The treating provider cannot be agent. Nor can an unrelated employee of that
provider, a community-care-facility operator, or an unrelated employee of that
operator. If the agent is the principal's spouse, dissolution of the marriage
makes the spouse ineligible (§ 23-4.10-2).

When the agent can act

The chapter does not name a physician or other professional who must formally
certify incapacity. The statutory form gives the agent authority to make the
decisions the principal could make "if" the principal had capacity, while
preserving the principal's own right to decide whenever the principal can give
informed consent (§ 23-4.10-2). For life-sustaining procedures, § 23-4.10-5(a)
states directly that the power governs if the patient cannot decide.

A present objection remains controlling: no treatment may be given over the
principal's objection, and life-preserving care may not be stopped if the
principal objects (§ 23-4.10-2).

Powers and limits

Subject to written limits and known wishes, the agent may consent, refuse consent,
or withdraw consent to care for a physical or mental condition, including life-
prolonging treatment. The agent also receives the form's medical-information and
implementation-document powers (§ 23-4.10-2).

The principal's objection controls. Comfort, care, and pain relief remain
permitted (§ 23-4.10-5(b)). And the power has no force for a pregnant patient
while continued life-sustaining procedures probably would allow the fetus to
develop to live birth (§ 23-4.10-5(c)).

How to revoke

The principal may revoke at any time and in any manner communicating intent,
regardless of mental or physical condition (§ 23-4.10-3(a)). As to a provider or
EMS personnel, it becomes effective when the principal or another person who
witnessed the revocation communicates it. A provider records the revocation
(§ 23-4.10-3(a)-(b)).

The statutory form itself revokes any prior durable power of attorney for health
care. Separately, dissolution makes a spouse-agent ineligible (§ 23-4.10-2).

Out-of-state directives

A durable power executed in another state in compliance with that state's law is
validly executed for purposes of Rhode Island's chapter (§ 23-4.10-11).

What trips people up

• The notary is an alternative, not an add-on. Use either two qualified
  adult witnesses or one notary (§ 23-4.10-2).
• The extra declaration is mandatory. At least one witness—or the notary—must
  declare being unrelated and not an heir.
• Residency is part of the statutory form. The form says the principal must
  be both 18 or older and a Rhode Island resident (§ 23-4.10-2).

Common questions

Can I notarize instead of using two witnesses?
Yes. One notary is a complete alternative, but the notary must also sign the
unrelated/non-heir declaration (§ 23-4.10-2).

Can my health care provider be my witness or agent?
No. A provider cannot witness, and the treating provider cannot serve as agent
(§ 23-4.10-2).

Does a doctor have to certify incapacity?
Chapter 23-4.10 names no required capacity certifier. The principal's informed
decision and current objection control while the principal can decide.

Will a document signed in another state work?
Yes, if it complied with the law of that state (§ 23-4.10-11).

Statutes and sources

• R.I. Gen. Laws §§ 23-4.10-1.1 and 23-4.10-2 — definition, statutory form,
  signature, witness/notary routes, disqualifications, and powers.
  https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.10/23-4.10-1.1.htm and
  https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.10/23-4.10-2.htm
  (accessed 2026-07-16)
• R.I. Gen. Laws § 23-4.10-3 — revocation.
  https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.10/23-4.10-3.htm
  (accessed 2026-07-16)
• R.I. Gen. Laws § 23-4.10-5 — patient control, comfort care, and pregnancy.
  https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.10/23-4.10-5.htm
  (accessed 2026-07-16)
• R.I. Gen. Laws § 23-4.10-11 — out-of-state recognition.
  https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.10/23-4.10-11.htm
  (accessed 2026-07-16)