Fillable Form Alabama Advance Health Care Directive, Living Will and Health Care Proxy

What is an Alabama Advance Health Care Directive, Living Will, and Health Care Proxy form?

An Alabama Advance Health Care Directive, Living Will, and Health Care Proxy form is a legal document detailing your medical preferences if you become too sick to make decisions for yourself.

The purpose of an Alabama Advance Health Care Directive, Living Will, and Health Care Proxy Template is to allow you to express your medical care preferences in the event that you are unable to communicate due to an extreme medical situation. By expressing such preferences in a documented legal instrument, you can make sure that your preferences are made known. Physicians prefer these documents because they provide a written expression from you as to your medical care. Moreover, providing such information and designating a health care proxy ensures that the physician is aware of who should be consulted if your family disagrees about the medical treatment you prefer.

Keep the Alabama Advance Health Care Directive, Living Will, and Health Care Proxy Form among your important documents. Make sure a responsible adult, such as the named health care proxy, knows where you keep these documents. If you have a regular physician who retains your medical records, you should give them a copy of the document for their keeping. If you are admitted to the hospital, you should bring this document with you and allow the hospital to place a copy of it in your medical file. It is also a good idea to discuss the decisions you have made in your document with family members so that they may better know and understand your wishes concerning these matters.

Should you change your mind about your health care treatment or end-of-life decisions or your choice of a healthcare proxy, you can simply destroy and discard the document you have and create a new one. By planning ahead, you can get the medical care you want, avoid unnecessary suffering, and relieve caregivers of decision-making responsibilities during times of crisis or mourning. You also help to clear up any ambiguity or disagreement regarding the decisions you’d like others to make on your behalf.

How to fill out an Alabama Advance Health Care Directive, Living Will, and Health Care Proxy form?

Using PDFRun, you can electronically fill out and download a PDF copy of the Alabama Advance Health Care Directive, Living Will, and Health Care Proxy PDF in minutes. Fill it out by following the instructions below.

Section 1 – Living Will

This section states that you, (enter your full name), being of sound mind and at least 19 years old, would like to make the following wishes known. You direct that your family, your doctors, health care workers, and all others, follow these directions. You are aware that at any time you can change your mind about these directions by tearing up this form and making a new one. You can also do away with these directions by tearing them up and telling someone at least 19 years of age your wishes and asking them to write your wishes for you.

You understand that these directions will only be used if you are not able to speak for yourself.

Terminally Ill or Injured

This section states 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

This section states life-sustaining treatment including drugs, machines, or medical procedures would keep you alive but would not cure you. You are aware that even if you choose not to have a life-sustaining treatment, you will still get medicines and treatments to ease your pain and keep you comfortable.

To determine if you wish to have life-sustaining treatment in the case that you are terminally ill or injured, enter your initials in either the “yes” or “no” space.

Artificially Provided Food and Hydration

This section states that you understand that if you are terminally ill or injured, you may be given food or water through a tube or an IV to keep you alive if you can no longer chew or swallow on your own or with someone helping you.

If you wish to have food and water provided through a tube or IV in the case that you are terminally ill or injured, enter your initials by in either the “yes” or “no” space.

Permanent Unconsciousness

This section states the point at which your doctor and another doctor agree that within a reasonable degree of medical certainty 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 have watched you long enough to make that decision. You understand that at least one of these doctors must be qualified to make such a diagnosis.

Life Sustaining Treatment

This section states life-sustaining treatment including drugs, machines, or medical procedures would keep you alive but would not cure you. You are aware that even if you choose not to have a life-sustaining treatment, you will still get medicines and treatments to ease your pain and keep you comfortable.

To determine if you wish to have life-sustaining treatment in the case that you are terminally ill or injured, enter your initials in either the “yes” or “no” space.

Artificially Provided Food and Hydration

This section states that you understand that if you become permanently unconscious, you may be given food or water through a tube or an IV to keep you alive if you can no longer chew or swallow on your own or with someone helping you.

To determine if you wish to have food and water provided through a tube or IV in the case that you are permanently unconscious, enter your initials in either the “yes” or “no” space.

Other Directions

Enter a list of any other things you want done or not done, in addition to the directions listed on this form.

If you do not have other directions, enter your initials in the space provided.

Section 2 – If I Need Someone To Speak For Me

This section states that this form can be used in the State of Alabama to name a person you would like to make medical decisions for you if you become too sick to speak for yourself. This person is called a health care proxy. You are not required to name a health care proxy. The directions in your Living Will will be followed even if you do not have a health care proxy.

Enter your initials in the following spaces provided if:

• You do not want to name a health care proxy. (PROCEED TO SECTION 3)
• You do want the person listed below to be your health care proxy. You have talked to them about your wishes.

First Choice For Proxy

Enter the full name of your first choice for proxy.

Relationship To Me

Enter your first proxy’s relationship to you.

Address

Enter your first proxy’s address, including street number and suite or apartment number.

City

Enter the city where your first proxy resides.

State

Enter the state where your first proxy resides.

ZIP Code

Enter the ZIP code where your first proxy resides.

Daytime Phone

Enter your first proxy’s daytime phone number.

Nighttime Phone

Enter your first proxy’s nighttime phone number.

Second Choice For Proxy

If the person named above is not able, not willing, or not available to be your health care proxy, enter the full name of your second choice for proxy.

Relationship To Me

Enter your second proxy’s relationship to you.

Address

Enter your second proxy’s address, including street number and suite or apartment number.

City

Enter the city where your second proxy resides.

State

Enter the state where your second proxy resides.

ZIP Code

Enter the ZIP code where your second proxy resides.

Daytime Phone

Enter your second proxy’s daytime phone number.

Nighttime Phone

Enter your second proxy’s nighttime phone number.

Instructions For Proxy

To determine if you want your proxy to make decisions about whether to give you food and water through a tube or an IV in the case that you are terminally ill or injured or permanently unconscious, enter your initials in either the “yes” or “no” space.

To determine if you want your proxy to follow the directions in your Living Will about whether to give you food and water through a tube or an IV in the case that you are terminally ill or injured or permanently unconscious, enter your initials in either the “yes” or “no” space..

To determine if you want your proxy to make healthcare decisions for you in terminal or non-terminal situations, including decisions about whether to give you food and water through a tube or an IV, enter your initials in either the “yes” or “no” space.

To determine if you want your proxy to make healthcare decisions for you in terminal or non-terminal situations, except for decisions about whether to give you food and water through a tube or an IV, enter your initials in either the “yes” or “no” space.

Section 3 – The Things Listed On This Form Are What I Want

You understand the following points:

• If your doctor, hospital, nursing home, assisted living facility, or other provider does not want to follow the directions you have listed on this form, they must see to it that you get a doctor or provider that will follow your directions.
• If you are pregnant, or if you become pregnant, the choices you have made on this form will not be followed until after the birth of the baby.
• If the time comes for you to stop receiving life-sustaining treatment or food and water through a tube or an IV (or for a decision to be made not to begin such treatment), you direct that your doctor talk about the good and bad points of doing this, along with your wishes, with your health care proxy, if you have one, and the following people: (enter their names). This direction does not mean that any of these people can override your wishes or the decisions of your proxy or health care agent, but is intended to inform any of your loved ones who are reasonably available about the realities of a medical situation that may be hard for them to understand and accept.

Section 4 – My Signature

Name

Enter your full name.

Birth Date

Enter your date of birth following the format: Month, Day, Year.

Signature

Affix your signature.

Date Signed

Enter the date you signed the form.

Section 5 – Witnesses

By signing, your witnesses agree that they’re witnessing this form because they believe you to be a person of sound mind. They are aware that they are not the health care proxy. They are not related to you by blood, adoption or marriage, and they are not entitled to any part of your estate. They are at least 19 years old and are not directly responsible for your medical care.

Name of First Witness

Enter the full name of your first witness.

Signature

Affix the signature of your first witness.

Date

Enter the date your first witness signed the form.

Name of Second Witness

Enter the full name of your second witness.

Signature

Affix the signature of your second witness.

Date

Enter the date your second witness signed the form.

Section 6 – Signature of Proxy

By signing, your proxy agrees that they’re willing to serve as your health care proxy.

First Proxy

Enter the full name of your first proxy.

Signature

Affix the signature of your first proxy.

Date

Enter the date your first proxy signed the form.

Second Proxy

If your first proxy cannot serve, enter the full name of your second proxy.

Signature

Affix the signature of your second proxy.

Date

Enter the date your second proxy signed the form.

Frequently Asked Questions About an Alabama Advance Health Care Directive, Living Will, and Health Care Proxy form

Does an advance directive need to be notarized in Alabama?

There is no notarization requirement in Alabama for advance directives. However, it is always advisable to have your document witnessed by at least two people who are not related to you. This will ensure that your directive is properly executed and can be easily followed if the need arises.

If you have any questions about advance directives in Alabama or would like assistance in creating one, you should contact an attorney.

Who makes medical decisions if there is no power of attorney in Alabama?

If there is no durable power of attorney for health care in place, then a person's closest living relatives will generally be responsible for making medical decisions on their behalf. If the individual has no living relatives, or if the relatives are unable to agree on a course of action, then a court may appoint a guardian to make decisions on the individual's behalf.

To avoid having to rely on others to make important medical decisions, it is advisable to appoint a durable power of attorney for health care while you are still competent to do so. This will ensure that your wishes are carried out even if you become incapacitated and are unable to communicate them yourself.

There are a few exceptions to the general rule that relatives are responsible for making medical decisions in Alabama. For example, if an individual has been admitted to a mental health facility, then the facility's staff will be responsible for making decisions about their treatment. Additionally, if an individual is a patient in a hospice program, then the hospice team will make decisions about their care. In both of these cases, it is still advisable to appoint a durable power of attorney for health care, as this will give you more control over who makes decisions on your behalf.

What are the most common types of advance directives?

The most common types of advance directives are living wills and durable powers of attorney for health care.

A living will, also known as a directive to physicians or a personal directive, is a written statement that instructs health care providers about the kind of medical treatment you would or would not want to receive if you become unable to communicate your wishes.

A durable power of attorney for health care (DPOA-HC) is a legal document that gives someone else the authority to make decisions about your medical care if you are not able to make those decisions yourself.

Other types of advance directives include do-not-resuscitate (DNR) orders, mental health advance directives, and organ donation directives.

It is important to talk with your family, friends, and health care providers about your wishes regarding medical treatment before creating an advance directive.

That way, they will be aware of your wishes and can act on your behalf if necessary.

Advance directives are not just for people who are terminally ill or close to death.

Anyone 18 years or older can create an advance directive, regardless of their health status.

Creating an advance directive is a good way to ensure that your wishes regarding medical care are known and followed if you become unable to communicate them yourself.

Can you write your own will in Alabama?

Yes, you can write your own will in Alabama as long as it meets the requirements of a valid will under Alabama law:

• It must be in writing — When creating a will, you must do so in writing, meaning it must be physically committed to paper (or another medium, like email). You can’t just tell someone what your will says; you have to write it down.
• It must be signed by the testator — The person who is making the will is known as the “testator.” In order for a will to be valid, the testator must sign it. This signature can be made electronically if the will is in electronic form.
• It must be witnessed by two people — A will must be witnessed by two people who are not named in the will and who are not related to any beneficiaries named in the will. These witnesses must watch the testator sign the will and then must sign the will themselves.

While you are not required to have a lawyer draft your will, it is generally advisable to do so. This is because the laws governing wills can be complex, and it can be easy to make a mistake when drafting your own will. If you make a mistake in your will, it could invalidate the entire document, which could cause major problems for your loved ones after you die.

An experienced estate planning attorney can help you ensure that your will is valid and that it properly reflects your wishes. If you choose to write your own will, be sure to follow all of the requirements set forth by Alabama law. Doing so will help ensure that your will is valid and that it carries out your wishes after you die.

How do you get a medical power of attorney in Alabama?

The best way to get a medical power of attorney in Alabama is to contact an experienced attorney who can help you navigate the process. Alternatively, you can visit the website of the Alabama Department of Public Health, which provides an online application for medical power of attorney. Finally, you can also contact your local county courthouse to inquire about obtaining a medical power of attorney.

Creating a medical power of attorney in Alabama is a process that requires the involvement of an experienced attorney.

The first step is to contact an attorney who can help you navigate the process. Alternatively, you can visit the website of the Alabama Department of Public Health, which provides an online application for medical power of attorney. Finally, you can also contact your local county courthouse to inquire about obtaining a medical power of attorney.

Alabamians can get a medical power of attorney through multiple channels: by contacting an experienced lawyer, going through the Alabama Department of Public Health's website, or visiting their local county courthouse.

The first step, regardless of which route you take, is to gather the required information and documents. Next, you'll need to complete and sign the forms. Once the forms are complete, you'll need to have them witnessed by two people who are not related to you. Finally, you'll need to file the forms with the court.

If you choose to contact an attorney, they will be able to help you gather the required information and documents, as well as complete and sign the forms. If you choose to visit the website of the Alabama Department of Public Health, you will be able to find the forms online and complete them yourself. However, it is important to note that filing the forms with the court is a separate process that you will need to complete on your own.

Contacting your local county courthouse is another option for obtaining a medical power of attorney in Alabama. The staff at the courthouse can provide you with the forms and instructions for filing them with the court. However, it is important to note that you will be responsible for completing and signing the forms on your own.

No matter which route you choose to take, it is important to remember that a medical power of attorney is a legal document. As such, it is important to make sure that all of the information included in the document is accurate and up-to-date. In addition, you should keep the original copy of the document in a safe place where it will not be lost or damaged. Finally, you should give copies of the document to your primary care physician, as well as any other medical professionals who are involved in your care.

What does power of attorney mean in Alabama?

A power of attorney in Alabama is a legal document that gives another person the authority to act on your behalf. This can be helpful in a variety of situations, such as if you are going out of town and need someone to handle your affairs while you are gone, or if you are unable to handle your own affairs due to illness or disability. A power of attorney can give someone the authority to handle financial matters, legal matters, or both. You can give someone as much or as little authority as you like, and you can revoke the power of attorney at any time.

Can a family member override a power of attorney?

The answer to this question depends on the state in which you reside and the precise language of your power of attorney document. In general, however, a family member cannot override a power of attorney unless the document itself provides for such an exception. If you have any concerns about a family member overriding your power of attorney, you should consult with an experienced estate planning attorney in your state for further guidance.

In Alabama, for example, a power of attorney can be revoked by the principal at any time and for any reason. However, once the principal revokes the power of attorney, it cannot be reinstated unless the principal specifically states in writing that he or she wants to reinstate it.

If you have any concerns about your power of attorney document, you should consult with an experienced estate planning attorney in your state for further guidance.

Who makes medical decisions if you are incapacitated?

When you become incapacitated and don't have the ability to make your own medical decisions, who will make them for you? This is an important question to consider, as it can have a significant impact on your overall health and well-being.

There are a few different ways to designate someone to make medical decisions on your behalf. You can appoint a healthcare proxy through a legal document called a Durable Power of Attorney for Healthcare. This document names an individual (or individuals) who you trust to make healthcare decisions on your behalf if you are unable to do so yourself.

You can also create what's called an advance directive, which outlines your specific wishes regarding your medical care in the event that you are unable to communicate them yourself. Advance directives can include things like do-not-resuscitate orders and living wills.

It's important to have a clear plan in place for who will make medical decisions on your behalf in the event that you become incapacitated. This will ensure that your wishes are followed and that you receive the best possible care.

Can power of attorney override will?

The answer to this question depends on the jurisdiction in which you live. In some jurisdictions, a power of attorney can override a will; in others, it cannot. You should consult an attorney in your jurisdiction to determine whether a power of attorney can override a will in your case.

In Alabama, for example, a power of attorney can override a will if the power of attorney was executed before the will was executed and if the power of attorney specifically states that it supersedes the will. If, however, the will was executed after the power of attorney was executed, then the will controls and the power of attorney is void.

It is important to consult an attorney in your jurisdiction to determine whether a power of attorney can override a will in your case. Only an experienced lawyer can give you specific legal advice about your situation.

What makes a will invalid in Alabama?

There are a number of things that can make a will invalid in Alabama. Some of the major reasons include:

• If the will was not properly signed or witnessed
• If the person who made the will was not of sound mind at the time it was made
• If the will was revoked by the person who made it
• If the will was altered after it was signed
• If there is evidence that the person who made the will did not intend for it to be their final wishes

These are just some of the reasons that can make a will invalid in Alabama. If you have any questions about whether or not your will is valid, you should consult with an experienced Alabama estate planning attorney.

What are the main problems with advance directives?

There are several potential problems with advance directives:

• They may not be followed — If a person's wishes are not clearly stated in the directive, or if the directive is not readily available when needed, health care providers may not follow it.
• They may not be enforceable — In some cases, advance directives may not be legally binding.
• They may not cover all situations — Advance directives usually cover only end-of-life decisions. However, there are many other types of medical decisions that might need to be made during a person's lifetime.
• They may cause conflict — Family members and friends may disagree about what the person wanted or what is in the person's best interests. This can cause stress and conflict at an already difficult time.
• They may be misunderstood — The terminology used in advance directives can be confusing. Additionally, the circumstances under which a directive would be followed may not be clear. This can lead to misunderstanding and disappointment if the directive is not followed in the way the person intended.

Advance directives are an important tool for ensuring that your wishes are followed if you become unable to make decisions for yourself. However, it is important to understand the potential problems that can come with them. You should discuss your wishes with your family and friends, as well as your health care providers, to make sure that everyone understands what you want and how to best follow your directive.

To avoid potential problems with advance directives, it is important to:

• Choose someone you trust to be your health care proxy. This person will be responsible for making decisions on your behalf if you are unable to do so yourself.
• Make sure your directive is clear and concise. Include as much detail as possible about the types of treatment you would or would not want to receive.
• Give copies of your directive to your health care proxy, your family, your friends, and your healthcare providers. Keep a copy in a readily accessible place, such as on your refrigerator or in your wallet.
• Review your directive regularly and update it as needed. Circumstances change over time, so it is important to make sure your directive reflects your current wishes.

Advance directives can be a helpful way to ensure that your medical wishes are followed. However, it is important to understand the potential problems that can come with them. By taking steps to avoid these problems, you can help ensure that your directive will be followed in the way you intended.

What is the difference between advance care planning and an advance directive?

Advance care planning is the process of discussing your preferences for future medical care with your loved ones and health care providers. An advance directive is a legal document that records your decisions about end-of-life care, including resuscitation, artificial nutrition and hydration, and pain management. Advance directives can be used to appoint a surrogate decision maker if you are unable to make decisions for yourself in the future.

What is the main drawback of a living will?

The main drawback of a living will is that it can be difficult to know what medical treatments you would want in the future if you become incapacitated. It is also difficult to predict how your health may change in the future, so a living will may not cover all possible scenarios. In addition, living wills are only binding if they are followed by your medical team, and they may not be followed if your family or friends disagrees with your wishes. Finally, a living will does not take into account your changing values or preferences over time.

Therefore, it is important to review your living will periodically to make sure it still reflects your wishes. You may also want to appoint a healthcare proxy or Durable Power of Attorney for Healthcare to make sure your wishes are carried out if you become incapacitated and cannot speak for yourself.

Related Articles:

• Questions Families Should Ask About Advance Directives
• Living wills and advance directives for medical decisions
• Finalization Requirements for Health Care Directives