Ethics & Patient Rights
About Advance Directives
An advance directive is a written document made in advance of
serious illness or sudden accident that states your choices for health
care, and may name someone to speak for you if you become incompetent. You
may choose to prepare one, both or none of the following types of advance
directives:
What you should do with your advance directive
Ideally, you should discuss your values and wishes with your family,
friends, and health care providers as part of the process of making an
advance directive. In any case, let all of these people know that you have
an advance directive. Keep it in a safe place where it can be easily found
if it is needed. You should give a signed copy to your medical doctor, as
well as to your agent.
When you enter a hospital or other health care facility, you will be
asked whether you have an advance directive. If you do, the facility will
also note it in your medical record. If you know you will be admitted
to a health care facility, you should bring copies of your advance
directive(s) with you.
You aren't legally required to sign an advance directive...
Whether to sign an advance directive is entirely your decision. The law
requires only that you be told about your legal rights to fill out an
advance directive, and that the health care provider must note in your
medical record if you have signed one. No one may refuse to provide you
with health care services or insurance if you choose not to sign an
advance directive.
...but signing one can help you and your family in the long run
It makes good sense to consider signing an advance directive and to
think about your present medical care values before a medical crisis,
while you are still able to do so. You should discuss with family and
friends such personal issues as:
- the significance of death
- the conditions that could make the dying process intolerable and
- the way artificial life support would affect the dying process.
What happens if you choose not to prepare an advance directive
If you do not have an advance directive and you become unable to speak
for yourself, your health care decisions will be left to a legal guardian
if one has been appointed. In the absence of an advance directive or
court-appointed legal guardian, your medical caregiver will work with you
and your family to make appropriate decisions for your specific situation.
No one may make any assumptions about your intentions simply because
you chose not to sign, or revoked, an advance directive.
If you are not a Rhode Island resident
A durable power of attorney for health care or a living will executed
in another state in compliance with the laws of that state (such as, in
Massachusetts, a health care proxy) will be legally effective in Rhode
Island.
If you are pregnant
A durable power of attorney for health care or a living will will not
be followed if you're pregnant and your doctor believes the fetus could
develop to the point of live birth with the use of life-sustaining
procedures.
Being prepared in case of emergency situations
If you are in a terminal condition and have signed a durable power of
attorney for health care or a living will and you don't want to be
resuscitated if your heart stops working, your doctor may ask the Rhode
Island Department of Health for an identification bracelet. This bracelet,
called a Comfort One, must be worn by you at all times in order to alert
emergency medical personnel of your wishes.
Find out more:
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