Alabama Advance Directive Form [PDF]

The Alabama Advance Directive, also known as health care directive, is a key part of advance care planning and allows competent adults to clearly state their preferences for medical treatment in case they become unable to make such decisions for themselves.

This document combines a living will, which details specific treatment choices and wishes for end-of-life scenarios, with a durable power of attorney for health care (also known as medical power of attorney) that designates a trusted person to make medical decisions if the individual becomes incapacitated.

It ensures that healthcare providers and loved ones follow the declarant’s wishes, relieving them from making tough choices.

Signing Requirements for Alabama Advance Health Care Directive

Section 22-8A-4 (c) of the Alabama Code outlines the conditions an Alabama advance directive form must meet to be legally effective.

These conditions are as follows:

Signing Requirements for Alabama

In writing. The directive must be documented in written form.
Signature. It must be signed by the person creating the advance directive or by another person in their presence and direction.
Date. The document must be dated.
Witnesses. The directive must be signed in the presence of at least two witnesses who are at least 19 years old.

Moreover, witnesses must meet specific requirements; consequently, the following individuals cannot serve as witnesses:

The person who signed the document on behalf of the declarant
The health care proxy in Alabama
Relatives by blood, adoption, or marriage
Individuals entitled to any portion of the estate under intestate succession or a will
Those financially responsible for the declarant's medical care

Alabama Advance Health Care Directive Revocation & Changing

In Alabama, an advance directive becomes effective when the attending physician determines that the declarant is no longer able to understand or direct their medical treatment. On the other hand, an advance health care directive can be revoked or changed under certain conditions.

According to Section 22-8A-5, a declarant may revoke the advance health care directive at any time if they are mentally competent.

This can be done in several ways:

Directive Revocation and Changes

The declarant can express their will to revoke the advance health care directive in written form.
The declarant can orally express their decision to revoke an advance health care directive to a person at least 19 years old and of sound mind, who must then document it in writing.
The declarant can also revoke the directive by physically destroying the original document.
An advance health care directive will be automatically revoked if the declarant becomes divorced or legally separated from their spouse when their spouse has been named as the health care proxy, unless the advance directive or a court order specifically states otherwise.

On the other hand, a declarant can change an existing advance health care directive by executing a new directive that differs from the previous one, stating that the new one supersedes the old one.

Also, it can make changes to particular sections of the advance health care directive without revoking the entire document, in which case changes must meet the aforementioned legal requirements in Alabama. Additionally, changes must explicitly express the declarant’s intention to modify only specific sections.

Additional Legal Considerations for Alabama Advance Health Care Directive

When making an Alabama advance health care directive, there are a few other important requirements to consider that can affect how the directive is used:

According to Section 22-8A-4(b)(4), the patient’s health care provider or a non-relative employee of the health care provider cannot act as a health care proxy.
As stated in Section 22-8A-4(g), if both a living will and health care proxy are in place, the proxy’s decisions about life-sustaining treatment, nutrition, or hydration will take priority over the living will unless stated otherwise.
Section 22-8A-4(e) says that the advance directive has no effect if the declarant is known by the attending physician to be pregnant.
According to Section 22-8A-14, the declarant must provide a copy of the advance health care directive to their attending physician or other health care providers.

How to Choose a Health Care Agent in Alabama?

To choose a health care agent in Alabama, you should look for someone who knows and understands your values and medical preferences well. An agent can be a family member, close friend, or attorney, but it is most important that it is someone who is trustworthy, responsible, and willing to take on the role of an agent.

What Happens if You Don’t Have an Advance Directive in Alabama?

If you don’t have an advance directive in Alabama and can’t make your own medical decisions, your family will have to make choices for you. This can lead to disagreements or confusion because even though they are family members, it doesn’t mean that they are familiar with your medical treatment preferences.

Additionally, a court might need to appoint a guardian to decide on your behalf, which might also not align with what you would have wanted.