The Alabama power of attorney, or healthcare power of attorney, is a legal document that one person, called the principal, uses to authorize another person, called the agent or attorney-in-fact, to make medical decisions on their behalf.
The healthcare power of attorney should be issued in the following situations:
When to Issue a Healthcare Power of Attorney
If the principal is of old age and wants to authorize someone to be able to make general decisions regarding their healthcare and treatment
If the principal is diagnosed with a terminal condition
If the principal is facing a possible surgery
If the principal wants to authorize someone to make end-of-life decisions on their behalf
Laws and Legal Requirements for a Medical Power of Attorney in Alabama
Laws and Legal Requirements
In Alabama, Title 22, Chapter 8A, Section 4 of the Code of Alabama provides the main legal framework for the medical power of attorney form, in particular the advance directive, living will, and health care proxy appointment.
When it comes to the signing requirements, § 22-8A-4(c)(4) provides that the medical power of attorney must be signed before two witnesses who are at least 19 years old.
The witness cannot be an agent or a person who is related to the principal by blood, marriage, or someone entitled to any portion of the principal’s estate or the person paying for the principal’s medical care.
How to Write a Medical Power of Attorney in Alabama
Here, you can see the step-by-step process of drafting the Alabama medical power of attorney using our medical power of attorney template.
How to Write a Medical Power of Attorney
#1. Access the Medical Power of Attorney Form
Here, you can find the medical power of attorney form, which will include all the information that should be provided for the power of attorney to be effective and valid.
Right after opening the power of attorney form, you should enter the basic details, such as the date when the document was drafted, the principal's name, address, and contact details.
#2. Appoint a Healthcare Representative
In this section, you should provide the basic details about the agent or the attorney-in-fact.
You should provide the following:
Agent’s full name
Agent’s mailing address
Agent’s contact details (telephone number or email address)
When appointing an agent who will represent you in this matter, you should choose someone who is of legal age and has the legal capacity to make decisions. Moreover, you should choose someone reliable and trustworthy, considering the importance of the authority you are delegating to them.
#3. Identify an Alternative Healthcare Representative
Here, you should appoint a successor agent who will act only in case your primary agent is unable or unwilling to represent you and make healthcare decisions on your behalf.
You should enter the name, mailing address, and contact details of the successor agent in the form. The successor agent should fulfill the same general criteria as the primary agent, meaning that they should also be reliable and trustworthy.
#4. Define the Agent’s Scope of Authority
Here, you can include the medical power of attorney rights and limitations that your agent can have.
Here, you can provide precise instructions for your agent as to what kind of medication or treatments you would like to be withheld from or indicate if you would like any religious representatives or members of your family to be present at the end of your life.
#5. Identify the Witnesses and Have Them Sign the Form
The medical power of attorney becomes valid from the moment you sign it according to the state requirements. In Alabama, the medical power of attorney form must be signed in front of at least two witnesses that fulfill the criteria set in § 22-8A-4(c)(4).
However, a valid medical power of attorney will be enforceable only from the moment an attending physician determines that you are no longer able to make healthcare decisions.