Based on Alabama law, an individual 19 years of age may execute a living will allowing to express your end-of-life health related wishes in advance, while you are in a good state of mind
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In a Living Will you do not appoint an agent to make health related decisions for you if you are terminally ill. If you wish to designate such attorney-in-fact you need to complete Health Care Power of Attorney |
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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 the Agent through an advance directive. How to complete this document: 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:
The Alabama Living Will shall become effective 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. This legal document may not be changed or modified. If you want to make changes in the Alabama Living Will Declaration, you must make an entirely new one. A written Alabama advance directive (living will) must be dated, signed by or at the express direction of the Declarant, and subscribed to 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. If there is something you do not understand about the Alabama Living Will (Advance Care Plan) you should consult an attorney. Before signing the Alabama Living Will, 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. |
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