Question 1

What is an advance directive in Alabama?

Accepted Answer

An advance directive is a legal document that lets you state your wishes for medical care in advance, in case you later become unable to communicate or make decisions for yourself. In Alabama, the primary form is the statutory 'Advance Directive for Health Care,' which combines a living will and the appointment of a health care proxy in one document. It gives your family and doctors clear guidance and helps avoid disputes during a medical crisis.

Question 2

What is the difference between a living will and a health care proxy?

Accepted Answer

A living will is the part of the document where you spell out your own instructions about life-sustaining treatment and artificially provided food and water in specified situations. A health care proxy is the person you name to make medical decisions for you if you cannot make them yourself. Alabama's statutory advance directive form lets you do both in a single document, though you can complete just one part if you prefer.

Question 3

Does Alabama have an official advance directive form?

Accepted Answer

Yes. The Alabama Natural Death Act provides a statutory 'Advance Directive for Health Care' form that includes sections for a living will and for appointing a health care proxy. Using the statutory form helps ensure the document is recognized by Alabama hospitals and providers, but the form has specific execution requirements that must be followed for it to be valid.

Question 4

What are the signing requirements for a valid advance directive in Alabama?

Accepted Answer

You must be at least 19 years old and of sound mind, and the document must be signed by you and witnessed by two adults who are present when you sign. The witnesses generally cannot be related to you by blood, marriage, or adoption, cannot be entitled to any part of your estate, and cannot be your attending physician or an employee of that physician. Meeting these requirements is what makes the directive legally effective, so it is worth having it reviewed to be sure it was executed correctly.

Question 5

When does a living will actually take effect?

Accepted Answer

A living will in Alabama does not take effect while you can still make and communicate your own health care decisions. It generally applies only after your attending physician, and usually a second physician, determine that you have a terminal illness or injury or are permanently unconscious as defined by the statute. Until then, you remain fully in charge of your own medical choices.

Question 6

Can I choose whether to receive artificial nutrition and hydration?

Accepted Answer

Yes. Alabama's advance directive form specifically allows you to state, separately from other life-sustaining treatment, whether you would want artificially provided food and water in a terminal or permanently unconscious condition. Because this is a distinct and deeply personal choice, the form treats it as its own decision rather than lumping it in with other care.

Question 7

Who should I name as my health care proxy?

Accepted Answer

Choose someone you trust to honor your wishes and to stay calm and firm during a stressful medical situation, and talk with that person in advance so they understand what you want. You can also name an alternate in case your first choice is unavailable. It is wise to pick someone who is willing to serve and who can be reached quickly when decisions need to be made.

Question 8

Is a living will the same as a 'Do Not Resuscitate' (DNR) order?

Accepted Answer

No. A living will is a planning document that expresses your wishes, while a DNR order (in Alabama, often part of a Portable DNR or physician order form) is an actual medical order signed by a physician that directs emergency and other providers not to attempt resuscitation. Your living will can inform that decision, but the DNR itself is a separate step arranged with your doctor. If you have questions about how these documents work together, our Dothan office serving Houston County and the Wiregrass can help; call 334-366-6086.

Question 9

How does an advance directive differ from a durable power of attorney?

Accepted Answer

An advance directive covers health care and medical treatment decisions, while a financial durable power of attorney authorizes someone to manage your money, property, and financial affairs. They serve different purposes, and a complete estate plan usually includes both so that both your medical and financial matters are covered if you become incapacitated. An attorney can help make sure the two documents work together without conflicting.

Question 10

Can I change or revoke my advance directive after I sign it?

Accepted Answer

Yes. In Alabama you can revoke your advance directive at any time and in any manner that communicates your intent to revoke, regardless of your mental or physical condition, and revocation is effective once you or a witness notifies your attending physician. It is a good idea to review the document periodically and after major life changes, such as a divorce or a change in your health or chosen proxy, and to replace it with an updated version if your wishes change.

Question 11

What happens if I don't have an advance directive in Alabama?

Accepted Answer

If you become unable to make medical decisions and have no advance directive, Alabama's surrogate decision-making law allows certain family members, in a set priority order, to make many health care decisions for you. However, this leaves the choice of decision-maker and the outcome up to the statute rather than to you, and it can create uncertainty or disagreement among relatives. Having your own directive keeps you in control of both who decides and what they decide.

Question 12

Do I need a lawyer to prepare an advance directive, and where should I keep it?

Accepted Answer

You are not legally required to use a lawyer, but an attorney can help ensure the directive is executed correctly, reflects your specific wishes, and fits with the rest of your estate plan. Once signed, keep the original somewhere safe but accessible and give copies to your health care proxy, alternate, physician, and close family, rather than locking the only copy where no one can reach it in an emergency. If you would like guidance, our Dothan attorneys serving the Wiregrass region are available at 334-366-6086.

Advance Directives and Living Wills

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