Living Will Attorneys in Newport and Lincoln, Rhode Island

Living wills are legal documents that specify your wishes for medical treatment if you become incapacitated and unable to communicate. They help loved ones and healthcare providers make important decisions on your behalf.  

The Law Offices of Howe & Garside, Ltd understand the importance of living wills and provide compassionate guidance throughout the process. 

Why You Need a Living Will 

A living will is an important part of planning for the future. It ensures that your medical preferences are honored and prevents unnecessary stress for family members. Without a living will, your loved ones may be forced to make challenging decisions without knowing what you would have wanted. 

Key Benefits 

• Clear communication: Explicitly state your medical treatment preferences. 

• Reduce stress: Alleviate the emotional burden on family members. 

• Avoid conflicts: Minimize potential disputes among family members. 

• Empower healthcare providers: Enable doctors to make decisions aligned with your wishes. 

• Maintain dignity: Ensure that your personal values and beliefs are respected in medical decisions. 

• Facilitate discussions: Encourage open conversations with loved ones about your healthcare preferences prior to an emergency. 

• Provide guidance: Offer a framework for decision-making in complex medical situations, helping to navigate difficult choices. 

How The Law Offices of Howe & Garside Ltd. Can Help You 

The Law Offices of Howe & Garside, Ltd create tailored living wills that reflect your needs and wishes. This is the process: 

• Initial consultation: We begin with a thorough discussion to understand your wishes and concerns.   

• Drafting the document: Our experienced attorneys meticulously draft your living will, incorporating all your preferences.   

• Review and adjustments: We review the document with you and make any necessary adjustments to reflect your wishes.   

• Finalization: Once you are satisfied, we finalize the document and provide you with copies for your records and distribution to relevant parties.   

• Ongoing support: We offer continued assistance after your living will is created, ensuring you can update the document as your wishes or circumstances change.   

• Educational resources: We provide informative materials and resources to help you understand the nuances of living wills and advance healthcare directives, so you can make informed decisions.

Components of a Living Will 

A well-constructed living will typically includes several key components: 

• Resuscitation: Instructions on whether you want CPR or other resuscitative measures. 

• Mechanical ventilation: Whether you would like to be placed on a ventilator if you’re unable to breathe on your own. 

• Tube feeding: Decisions about artificial nutrition and hydration. 

• Pain management: Your choices regarding pain relief and palliative care. 

• Organ donation: Indicate whether you wish to donate your organs or tissues after death. 

• Healthcare proxy: Name a trusted individual to make healthcare decisions on your behalf. This person should understand your values and wishes. 

• Comfort care: Specify your preferences for comfort measures, such as medications to relieve pain or anxiety, even if they hasten the end of life. 

• Spiritual or religious considerations: Outline any spiritual or religious rites or ceremonies you wish to be observed, reflecting your beliefs in medical situations. 

• Limitations on treatment: Clearly specify treatments you do not wish to receive, such as life-prolonging procedures, if they offer no meaningful chance of recovery. 

Living Wills FAQs 

Here are some frequently asked questions about living wills: 

What is the difference between a living will and a healthcare power of attorney? 

A living will mentions your medical treatment preferences, while a healthcare power of attorney designates someone to make decisions on your behalf. Both documents can be used together to comprehensively cover your healthcare wishes. 

Can I change my living will? 

Yes, you can update or revoke your living will at any time if you are mentally competent. You should review your living will periodically to make sure it continues to reflect your wishes. 

Do I need a lawyer to create a living will? 

While you can create a living will on your own, consulting with a lawyer ensures that the document is legally sound and accurately represents your preferences.  A lawyer can also guide you through complex medical decisions and provide valuable insight. 

What happens if I don't have a living will? 

Without a living will, your medical decisions will be made by family members or healthcare providers who may not be aware of your preferences. This can cause stress, confusion, and conflicts during a difficult time. 

How do I ensure my living will is respected? 

Provide copies to your healthcare providers and share your wishes with family members. Consider discussing your living will with your doctors, so they are aware of your preferences and can ensure they are followed in a medical crisis. 

Is there a specific format required for a living will? 

While states may have varying requirements for the format of a living will, it generally does not need a specific structure. However, the document must clearly specify your medical preferences and must be signed to meet legal requirements.  

Living Wills in Rhode Island 

In Rhode Island, living wills are governed by the following laws and regulations: 

• Written and signed: In Rhode Island, a legally recognized living will is one that is written and signed by the individual creating it or by another person at their direction and in their presence.  

• Witness requirements: The signing of a living will must be witnessed by at least two individuals who are not related to the individual or beneficiaries in their estate. This prevents potential conflicts of interest. 

• Healthcare proxy compatibility: Rhode Island allows individuals to have both a living will and a healthcare proxy. While the living will specifies medical treatment preferences, the healthcare proxy designates someone to make medical decisions when the individual cannot. 

• Revocation clause: Rhode Island residents can revoke their living will at any time, provided they are competent to do so. Any changes in the living will should be communicated to family members and healthcare providers. 

• Availability: Residents must keep their living wills accessible and share copies with their healthcare providers and family members, in case of an emergency.