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Estate Planning Law · Advance Directives

Advance Directives and Living Wills for Rhode Island Health Care Decisions.

A health care plan can record your wishes and name a trusted person to speak for you when a medical decision cannot wait.

Living will, health care proxy, and advance directive

These documents address medical decisions, not ownership of money or property.

A living will

A living will records wishes about certain future medical treatment if you are terminally ill or otherwise unable to communicate. It gives providers and family important guidance, but it may not answer every decision that arises.

A health care proxy

A health care proxy or health care power of attorney names the person who can speak with providers and make decisions when you cannot. A broader advance directive for health care can combine decision-making authority with your instructions.

Why a broader document can help

Medical situations are rarely limited to the examples in a form.

A trusted voice

Naming someone who understands your values gives the care team a person to consult when the facts do not fit a checklist. Discuss your wishes with that person before a crisis.

Keep clinical orders separate

A do-not-resuscitate or similar medical order is generally a clinical instruction completed through the appropriate health care process. It is not the same as a living will or trust.

Make the document usable

A signed form cannot help if no one knows it exists.

Share the right information

  • Give a copy to your named agent and a backup.
  • Ask your primary care provider where it should be kept.
  • Keep the original where it can be found quickly.
  • Discuss religious, personal, and treatment preferences in plain language.
  • Review the document after a diagnosis, move, family change, or change in your wishes.

Connect health care and financial planning

An advance directive handles medical decisions, while a financial power of attorney or trust handles property and bills.

One coordinated plan

If you cannot make decisions, your health care agent may need information from the person handling finances. Coordinating the documents helps your family understand who can do what and avoids giving one document a job it was never designed to do.

The best health care plan gives your family both a clear document and a clear conversation to follow.

Clear answers

Frequently Asked Questions

Why does an estate plan matter if my estate is modest?

An estate plan can make your wishes clear, name people to act for you, and give your family a more organized path during a difficult time. The value of planning is not limited to the size of an estate; it also includes decisions about health care, finances, minor children, and beneficiary choices.

What is the difference between a will and a trust, and which one goes through probate?

A will gives instructions that take effect at death, while a trust holds and manages property under the trust terms. A will is generally presented through probate; assets properly held in a trust generally pass under the trust administration instead, although other assets may still require probate.

Is a will alone enough?

A will can be an important part of an estate plan, but it may not address incapacity, health care decisions, beneficiary designations, or how every asset will be handled. Whether additional documents are appropriate depends on your family, property, and wishes.

What is probate, and why do people try to avoid it?

Probate is the court-supervised process for handling certain assets and obligations after someone dies. People may seek to limit it because it can add administration, court involvement, public filings, and costs such as court filings, notices, professional services, appraisals, accounting, and maintaining property. The time and expense vary with the assets, debts, disputes, tax questions, and court requirements.

How can someone avoid probate, and what are the trade-offs?

Common planning tools include a properly funded revocable living trust, joint ownership with survivorship rights, beneficiary designations on accounts and insurance, and a transfer-on-death deed where that tool is available and appropriate. Each has trade-offs: joint ownership changes present control and can expose an asset to another owner’s problems, beneficiary designations must be kept current, a trust must be funded and administered, and a transfer-on-death deed depends on current law and careful drafting. Some assets may still need probate.

Start with a conversation

Bring the question. We will start there.

A clear first step can make the rest of the process easier to understand.

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