Healthcare Proxy Lawyer in Providence, Rhode Island

Planning ahead for medical care is one of the most important steps you can take to protect yourself and your loved ones. In Rhode Island, the legal document used to name someone to make medical decisions for you is called a Durable Power of Attorney for Health Care. This document authorizes a trusted individual, your healthcare proxy, to act on your behalf if you’re ever unable to make or communicate medical decisions on your own.

At McCarthy Law, our experienced healthcare proxy lawyers in Providence work closely with clients to draft legally sound documents that reflect their values and wishes. Whether you’re planning for aging, preparing for the unexpected, or coordinating care for a loved one, we can help you put the right legal protections in place.

What Is a Healthcare Proxy in Rhode Island?

A healthcare proxy is a legal document that names a trusted person (called your healthcare agent) to make medical decisions on your behalf if you’re unable to make them yourself. It becomes effective only when a physician determines you are incapable of making or communicating informed healthcare choices.

In Rhode Island, this document is also known as a Durable Power of Attorney for Health Care and is part of your advance healthcare directives. It works alongside other tools, such as a living will or HIPAA release, to ensure your wishes are known and respected.

A properly drafted healthcare proxy ensures that your agent has access to your medical records, authority to speak with your doctors, and the ability to advocate for treatments that align with your values.

Key Features of a Rhode Island Healthcare Proxy May Include:

Named Healthcare Agent
Choose a trusted person to make medical decisions on your behalf.

Legally Effective Upon Incapacity
Becomes active only if a physician determines you cannot make or communicate your own medical decisions. We work with our clients to determine the best language for them including the designation of certain events that cause the Power of Attorney to become active. This is called a Springing Power of Attorney and differs from the Durable Power of Attorney that you may be more familiar with but can offer more flexibility and control over exactly when your Power of Attorney is able to take actions on your behalf.

Access to Medical Information
Grants your agent access to your medical records under HIPAA, allowing informed decision-making.

Defined Scope of Authority
Covers decisions such as surgery, medications, life-sustaining treatment, and long-term care.

Rhode Island-Specific Legal Requirements
Must be properly witnessed or notarized according to state law to be valid.

Do You Need a Lawyer for a Healthcare Proxy in Rhode Island?

While free templates exist, they often fall short of Rhode Island’s legal standards and can lead to confusion or disputes during a medical emergency. Working with an experienced estate planning attorney ensures your document is:

• Legally valid under state law

• Customized to reflect your specific healthcare values and family dynamics

• Integrated with other documents like powers of attorney, wills, and living wills

• Designed to minimize the risk of delays or disagreements in critical situations

McCarthy Law helps you avoid legal blind spots and ensures your wishes are clearly understood and enforceable.

How McCarthy Law Helps Clients in Providence

We approach every healthcare proxy with sensitivity, clarity, and deep knowledge of Rhode Island law. As a local, all-women legal team based in Providence, we understand the legal nuances of advance directives and how to tailor them to each client’s life and goals.

When you work with us, you receive:

• One-on-one guidance from attorneys familiar with Rhode Island healthcare systems

• A custom document that fits into your larger estate plan

• Ongoing support as your life circumstances change

• Peace of mind that your loved ones will be supported with clear, legal authority if the need arises

Is a Healthcare Proxy the Same as a Medical Power of Attorney?

In Rhode Island, yes. The terms healthcare proxy and durable power of attorney for healthcare are often used interchangeably. Both refer to a legal document that gives someone else the authority to make healthcare decisions for you if you are incapacitated. However, it’s important to ensure the document is drafted in accordance with Rhode Island statutes for it to be valid and recognized.

Our Process

Creating a healthcare proxy with McCarthy Law is simple, supportive, and efficient.

1. Schedule a Discovery Call

We begin with a brief conversation to understand your goals and determine whether we’re the right fit to help.

2. Discuss Your Preferences

We’ll guide you through choosing the right agent and defining the scope of their authority.

3. Draft and Review

We prepare a clear, compliant healthcare proxy and review it with you so you understand every part.

4. Execution and Storage

We help you complete the signing process with proper witnesses or notarization and explain how to store and share your document effectively.

Frequently Asked Questions

What is a healthcare proxy in Rhode Island?
It’s a legal document that names someone to make medical decisions on your behalf if you’re unable to do so.

Who can serve as my healthcare agent?
Any trusted adult, such as a spouse, family member, or friend. The person should understand your values and be comfortable speaking on your behalf.

Does a healthcare proxy need to be notarized in Rhode Island?
Rhode Island allows either two adult witnesses or a notary public to validate the document.

Can I name more than one person?
You can name an alternate in case your first choice is unavailable, but only one person can act as your agent at a time.

Is a healthcare proxy enough for full medical planning?
It’s a key document, but we also recommend having a living will, HIPAA release, and possibly a durable financial power of attorney.

Why Clients in Providence Choose McCarthy Law

At McCarthy Law, we are dedicated to protecting your wishes and providing peace of mind for you and your loved ones. To support our clients, we engage:

• Deep knowledge of healthcare and elder law in Rhode Island

• Personalized planning that fits your life

• A commitment to compassion

• Experience serving families across Providence, Warwick, Cranston, and East Greenwich

Schedule a Discovery Call

A healthcare proxy is one of the most important documents you can put in place. Unfortunately, many people don’t act until it’s too late. At McCarthy Law, we help you prepare with confidence and clarity.

Fill out the form below to schedule your discovery call today to learn how we can help you create a Rhode Island healthcare proxy that truly reflects your voice and values.

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