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Advance Directives

Alabama law says you have the right to decide about your medical care, but if you are very sick or badly hurt, you may not be able to say what medical care you want. 

An advance directive is used to tell your doctor and family what kind of medical care you want if you are too sick or hurt to talk or make decisions. If you do not have one, certain members of your family will have to decide on your care. 

Please scroll down or click on the links below for more resources.  

 

Questions and Answers 
Advance Directive Form
Alabama's Advance Directive Law
Summary of the Law
Advance Directive Brochure (duplicate as needed) 
Advance Directive Brochure (en Espanol)
Brochure with Advance Directive Form  

For more information

Alabama Department of Senior Services, (800) 243-5463

www.putitinwriting.org, (800) 243-5463 , (800) 989-9455 

 


 Questions & Answers
Please click on the questions below for answers.
Who can set up an advance directive?
Do I need a lawyer to set up an advance directive?
What types of advance directives are available in Alabama?
What is a living will?
What is a proxy?
What is a durable power of attorney for health care?
Where can I get an advance directive form?
What do I need to decide?
I completed an advance directive, now what?
How do I know my wishes will be carried out?
What if I change my mind?
 

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Alabama's Advance Directive Law
Sections 22-8A-1 through 22-8A-13, Code of Alabama 1975 

Chapter 8A TERMINATION OF LIFE-SUPPORT PROCEDURES.
Section 22-8A-1 Short title.
Section 22-8A-2 Legislative intent.
Section 22-8A-3 Definitions.
Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy.
Section 22-8A-5 Revocation of advance directive for health care.
Section 22-8A-6 Proxy to comply with instructions, intent of patient.
Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc.
Section 22-8A-8 Refusal of health care provider to comply; penalties.
Section 22-8A-9 Withholding or withdrawal of treatment, etc., not suicide; execution of advance directive not to affect sale, etc., of life or health insurance nor be condition for receipt of treatment, etc.; provisions of chapter cumulative.
Section 22-8A-10 Provisions of chapter not an approval of mercy killing, etc.
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient followed; persons who may serve as surrogate; priority; validity of decisions; liability; form; declaratory and injunctive relief; penalties.
Section 22-8A-12 Validity of advance health care directive executed in another state.
Section 22-8A-13 Effect of prior declarations.
 

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Who can set up an advance directive?
You must be at least 19 years old to set up an advance directive. You must be able to think clearly and make decisions for yourself when you set it up.

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 Do I need a lawyer to set up an advance directive?
You do not need a lawyer to set one up, but you may want to talk with a lawyer before you take this important step.
 

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 What types of advance directives are available in Alabama?
In Alabama you can set up an Advance Directive for Health Care. The choices you have include a living will, a proxy and/or a durable power of attorney for health care.
 

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What is a living will?
A living will is used to write down ahead of time what kind of care you do or do not want if you are too sick to speak for yourself.
 

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 What is a proxy?
A proxy can be part of a living will. You can pick a proxy to speak for you and make the choices you would make if you could. If you pick a proxy, you should talk to that person ahead of time. Be sure that your proxy knows how you feel about different kinds of medical treatments.
 

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 What is a durable power of attorney for health care?
Another way to pick a proxy is to sign a durable power of attorney for health care. The person you pick does not need to be a lawyer.
 

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Where can I get an advance directive form?
Hospitals, home health agencies, hospices and nursing homes usually have forms you can fill out if you want to set up a living will, pick a proxy or set up a durable power of attorney for health care. You may also download a form from this Web site. If you have questions, you should ask your own lawyer or call your local Council on Aging for help.
 

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 What do I need to decide?
You will need to decide if you want treatments or machines that will make you live longer even if you will never get better. An example of this is a machine that breathes for you.
 

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 I completed an advance directive, now what?
Be sure and sign your name and write the date on any form or paper you fill out. Talk to your family and doctor now so they will know and understand your choices. Give them a copy of what you have signed. If you go to the hospital, give a copy of your advance directive to the person who admits you to the hospital.
 

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How do I know my wishes will be carried out?
The law says doctors, hospitals and nursing homes must do what you want or send you to another place that will. Before you set up an advance directive, talk to your doctor ahead of time. Find out if your doctor is willing to go along with your wishes. If your doctor does not feel he or she can carry out your wishes, you can ask to go to another doctor, hospital or nursing home.
 

Once you decide on the care you want or do not want, talk to your family. Explain why you want the care you have decided on. Find out if they are willing to let your wishes be carried out. 

Family members do not always want to go along with an advance directive. This often happens when family members do not know about a patient’s wishes ahead of time or if they are not sure about what has been decided. Talking with your family ahead of time can prevent this problem. 

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What if I change my mind?
As long as you can speak for yourself, you can change your mind any time about what you have written down. If you make changes, tear up your old papers and give copies of any new forms or changes to everyone who needs to know.
 

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