Advanced Directive Considerations For Practicing Catholics

An advanced directive, sometimes referred to as a “living will,” is a legal document that outlines a person’s health care decisions and appoints a Health Care Agent to act on behalf of that person in the event that he or she is no longer able to communicate his or her health care preferences. Given that an advanced directive involves sensitive and complex issues related to serious medical and, potentially, end-of-life care, it can be helpful to consult with our East Greenwich, RI wills lawyer who understands both the legal and moral issues surrounding a living will.

Attorney Geoffrey M. Aptt is here to help you navigate the creation of an advanced directive that both expresses your desires and aligns with your Catholic Faith. With a decade of legal experience and as a member of the Knights of Columbus, he is the right choice to help you protect your future with your faith in mind. Contact Aptt Law LLC today.

What Rhode Island Requires For An Advanced Directive

Rhode Island law outlines the process for appointing a durable power of attorney for health care decisions. A durable power of attorney allows you to designate another person as your Agent, someone who will make health care decisions for you on your behalf in the event that you become incapacitated. R.I. Gen. Laws § 23-4.10-2 outlines a statutory form of durable power of attorney, but, under R. I. Gen. Laws § 23-4.10-10, “in the absence of actual notice to the contrary,” there is a presumption “that a durable power of attorney complies” with the law and is valid. The Rhode Island Department of Health also provides a template durable power of attorney form that meets that statutory requirements.

This process allows you to both designate another person as your Agent and outline the type of medical care you wish to receive should you become incapacitated. This can include describing your wishes concerning any life-prolonging care, treatment, services, or procedures that may be necessary, or concerning your desire, if any, to be an organ or tissue donor in the event of your death. Other general requirements for an advanced directive include signatures by your Agent, witnesses or a public notary, and your own signature.

What The Catholic Church Teaches

The Catholic Church has clear guidelines that describe which actions are morally permissible regarding end-of-life care.

Firstly, the Church has always taught that life is precious and inherently valuable from conception to natural death. Thus, euthanasia and assisted suicide are always morally unacceptable. Even though euthanasia or assisted suicide may be presented as a legal option in some states, a Catholic cannot attempt such an act and cannot encourage another person to attempt such an act.

Whether or not it is morally permissible to discontinue or refuse life-prolonging or life-sustaining medical treatment is dependent on whether the treatment constitutes ordinary or extraordinary means. The Catechism of the Catholic Church states that it is permissible to refuse or discontinue “medical procedures that are burdensome, dangerous, extraordinary, or disproportionate to the expected outcome.” This is, naturally, a fact-intensive and case-specific inquiry that can involve factors such the level of discomfort to the patient, the likelihood of success, or the imminency of death.

Regarding the use of medication to reduce pain, the Catechism states that medicine and painkillers may be legitimately used “to alleviate the sufferings of the dying, even at the risk of shortening their days,” so long as “death is not willed as either an end or a means” and is “only foreseen and tolerated as inevitable.”

Furthermore, the Diocese of Providence provides several resources for the creation of an advanced directive that is aligned with Catholic teaching and values, including a sample health care directive form.

Choosing An Advanced Directive Agent

Choosing someone to have a role in your estate plan, such as a trustee or as your Advanced Directive Agent, is a very important task that cannot be taken lightly. When choosing a person to be your Advanced Directive Agent, it is very important to consider someone who you trust and who understands the teachings of the Catholic Church. This person could be a family member, friend, or trusted colleague.

Contact Our East Greenwich Wills Lawyer Today

Founded in 2014, Aptt Law LLC is ready to help you in drafting an Advanced Directive that conforms to the teachings of the Catholic Church and to your desires for medical care. We are here to help you protect your future, your faith, and your privacy as we do so. Contact us today!

Disclaimer:

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  I’ve had the privilege of knowing Geoff on a professional level for the past four years. We have cross multiple times because we travel in circles of like-minded entrepreneurs dedicated to seizing the incredible opportunities available to us in this amazing country. Equally important, we share a commitment to taking the right steps to protect our assets and achievements.

Within this circle, we’ve exchanged invaluable insights and expertise, helping one another grow as professionals and individuals. This collaborative environment is what gave me the confidence and assurance that Geoff is the correct professional to guide me when I needed a comprehensive strategy to safeguard my hard-earned assets and ensure my loved ones avoid unnecessary probate complications.

While many can set up a trust, Geoff goes beyond the basics. He obviously takes the time to understand your perspective, values, and vision for the future. I highly recommend Geoff not only for his exceptional knowledge and service but also for his firsthand experience as an active investor and his connection to a high-quality network of professionals focused on building generational wealth.
  
 
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  Had the pleasure of working with both Attorney Aptt and Jaclyn. Their professionalism was top notch.  I was so impressed with how they worked with their clients.  Great team!
  
 
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  I have know Geoff Aptt now for over a decade and collaborated with him on a number of legal manners on behalf of myself and my clients. He’s honest, hardworking, smart, and willing to bring in experts when needed, which isn’t often. He is certainly one of the first people that come to mind when I need legal assistance of any sort, especially in business, trusts, and estate matters. Top notch and a down to earth straight shooter. I highly recommend.
  
 
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  I recently worked with Aptt Law on my estate planning, and I couldn't be more pleased with the experience. Geoff’s expertise in wills and estates was evident, and he guided me through every step with patience and clarity. I highly recommend this firm for anyone looking for professional and compassionate legal assistance in this area!
  
 
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  Geoffrey is extremely professional and accommodating. He stated a price within the first 15 minutes of meeting us to ensure that we were aware of what to expect and explained all aspects of our paperwork clearly. Geoffrey also made arrangements to work around our schedule. I would gladly recommend him to anyone seeking an estate lawyer.
  
 
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  Great experience with Geoff and Jaclyn!
Very informative and takes the time to make sure that you are comfortable and understand everything. Everything done with a Will, Trust, Power of Attorney and more! Would recommend and work with again!
  
 
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  Geoff and his paralegal were both amazing in guiding my wife and I through our trust journey. I feel they truly cared about our children's future as they laid out our options in great detail, and they made sure the things we decided on paper met our fullest intent. Even as we made changes right upto signing the final product.
  
 
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  I have worked with Geoff for over a year now. He is knowledgeable and extremely professional . I look forward to working with him for years to come.