The structure of Alabama Advance Health Care Directive is regulated by Alabama Code inclidung Life sustaining treatment, artificial nutrition and hydration, comfort care and relief from pain
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Alabama state law - Advance Health Care Directive, Living Will (Instructions for Health Care), Medical Power of Attorney (Designation of Health Care Proxy), Donation of Organs at Death by Alabama Code |
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The State of Alabama allows for two types of Advance Health Care Directive: a Living Will and a Medical Power of Attorney (Health Care Proxy).
Statutory Form: A Statutory form was adopted by the legislature of Alabama. It is a Living Will and Health Care Proxy in one form. However, you may want to execute either a Living Will or a Health Care Proxy (also called a Health Care Power of Attorney). Alabama law allows you to do so. The Advance Directive for Health Care shall be substantially in the form adopted, but in addition may include other specific directions. Should any specific directions be held to be invalid, the invalidity shall not affect other directions of the Advance Directive for Health Care which can be given effect without the invalid direction. A Living Will allows you to express your end-of-life health-related wishes in advance, while you are in a good state of mind. In contrast, in a Health Care Proxy you appoint someone you trust to make end-of-life decisions for you. The Advance Directive for Health Care comes into effect when: (1) the attending physician determines that the Declarant 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. In your Living Will, e your wishes known regarding the following basic procedures:
Here are some important definitions that you should know before you start working on your Living Will or Medical Power of Attorney (Health Care Proxy). All these definitions are made in accordance with Alabama Code Section 22-8A-4. The Principal (person executing this directive) must be 19 years of age or older. Terminally ill or injured: The point at which your doctor and another doctor decide that you have a condition that cannot be cured and that you will likely die in the near future from this condition. Life sustaining treatment Life-sustaining treatment includes drugs, machines, or medical procedures that would keep you alive but would not cure you, including tube feeding, intravenous hydration, or breathing through a tube. Permanent unconsciousness: The point at which your doctor and another doctor agree, within a reasonable degree of medical certainty, that you can no longer think, feel anything, knowingly move, or be aware of being alive. They believe this condition will last indefinitely without hope for improvement and that they have observed you long enough to make that decision. In designating your Health Care Proxy you place the burden of making tough end-of-life health-related decisions on your agent (proxy). Obligations and Rights of Agent 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 would 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. To be valid, this power of attorney must be in writing, signed by the Principal, dated and witnessed by two witnesses. Donation of Organs at Death The Alabama Advance Directive for Health Care lets you express an intention to donate your bodily organs and tissues following your death. Revocation A competent adult may revoke a health care proxy (Health Care Power of Attorney) by notifying the agent or a health care provider in writing or by any other act evidencing a specific intent to revoke the proxy. A health care proxy may be revoked upon execution by the Principal of a subsequent health care proxy. |
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