According to Alabama Statute, an adult may prepare a written statement known as a Advance Directive to control the health care treatment decisions that can be made on that person behalf
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According to Alabama law, an Advance Health Care Directive (AHCD) means a witnessed written document in which instructions are given by an individual 19 years of age or older (Principal) or in which the Principal's desires are expressed concerning any aspect of the Principal's health care. The State of Alabama allows for two types of Advance Health Care Directive: a Living Will and Medical Power of Attorney (Health Care Proxy).
Legal Helpmate provides you with two options
1) The Premium Package - Alabama Advance Health Care Directive contains the following documents:
- Alabama Revocable Living Will with organ donation provision
- Alabama Designation of Health Care Proxy (Medical Power of Attorney)
- Alabama Springing Durable Power of Attorney for Property and Finance
2) The Basic Package - Alabama Advance Health Care Directive contains the following documents:
- Alabama Revocable Living Will with organ donation provision
- Alabama Designation of Health Care Proxy (Medical Power of Attorney)
The Alabama Advance Health Care Directive shall become effective when:
(1) the attending physician determines that the PRINCIPAL is no longer able to understand, appreciate, and direct his or her medical treatment; and
(2) two physicians, one of whom shall be the attending physician, and one of whom shall be qualified and experienced in making such diagnosis, have personally examined the Declarant and have diagnosed and documented in the medical record that the Declarant has either a terminal illness or injury or is in a state of permanent unconsciousness.
PART 1 - LIVING WILL DECLARATION
In Alabama any individual 19 years of age or older may, at any time, make a written advance directive declaration (Living Will) regarding the provision of health care to that individual, or the withholding or withdrawal of life-sustaining treatment.
A Living Will does not appoint an Agent. However, a living will may be combined with the appointment of an agent through an advance directive.
The Alabama Living Will Declaration is an important legal document. It is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill.
In your Living Will, you make your wishes known regarding the following basic procedures:
- Life sustaining treatment;
- Artificial nutrition and hydration;
- Comfort care and relief from pain;
- Organ donation;
Also you may specify additional requirements regarding your medical care.
PART 2 - HEALTH CARE PROXY (MEDICAL POWER OF ATTORNEY)
You may sign this Alabama Health Care Proxy to specify the person whom you want to make health care decisions for you if you are unable to make those decisions personally. That person is known as your health care Agent. You should take some time to discuss your thoughts and beliefs about medical treatment with the person or persons whom you have specified.
The Alabama Designation of Health Care Proxy is an important legal document. It gives your Agent broad powers to make health care decisions for you. Subject to any express limitations in the health care proxy, the Agent has the authority to make any and all health care decisions on the Principal's behalf that the Principal could make.
The Agent shall make health care decisions:
a) in accordance with the Principal's wishes, including the Principal's religious and moral beliefs; or
b) if the Principal's wishes are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the Principal's best interests; provided, however, that if the Principal's wishes regarding the administration of artificial nutrition and hydration are not reasonably known and cannot with reasonable diligence be ascertained, the Agent shall not have the authority to make decisions regarding these measures.
The Agent has the right to receive medical information and medical and clinical records necessary to make informed decisions regarding the Principal's health care.
You may also use this Designation of Health Care Proxy to authorize your attorney-in-fact to make an anatomical gift upon your death.
The Alabama Health Care Proxy revokes any prior power of attorney for health care that you may have made. If your Agent is your spouse and your marriage is annulled or you are divorced after signing this document, the document is invalid.
A WRITTEN ALABAMA ADVANCE DIRECTIVE MUST BE DATED, SIGNED BY OR AT THE EXPRESS DIRECTION OF THE DECLARANT, AND SUBSCRIBED BY TWO WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
(1) the person designated by the Principal as your agent;
(2) a person related to the Principal by blood or marriage;
(3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law;
(4) the Principal’s attending physician;
(5) an employee of the Principal’s attending physician;
(6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
(7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death.
Before signing this Alabama Advance Directive you need to discuss your treatment with your physician in as much detail as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want.
This Alabama Advance Directive may not be changed or modified. If you want to make changes in this document, you must make an entirely new one.
A competent adult may revoke a health care directive (Health Care Proxy and Living Will) by notifying the Agent or a health care provider in writing or by any other act evidencing a specific intent to revoke the proxy or living will.
Do not sign this document unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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