According to Alabama law, an adult may prepare a written Directive - Designation of Health Care Proxy, to control the health care treatment decisions that can be made on that person behalf
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care.
In order to solve this problem, you may sign this legal document 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.
To be valid, this power of attorney must be in writing, signed by the Principal, dated and witnessed by two witnesses. The Principal should sign the power of attorney in the presence of 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.
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 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.
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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