Living Wills in Alabama
When most people think of wills, they think of last wills and testaments, which are used to distribute your assets after your death. There is, however, another type of will that takes effect while you're still alive. This is called a living will, and it's used to direct your medical care in the event that you become terminally or permanently incapacitated. In Alabama, a living will is also called an advance directive for health care.
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Legal Requirements
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The requirements for drafting a living will in Alabama are established in Section 22-8A-4 of the state legislative code. To write a living will, you must be at least 19 years old and of sound mind. The living will must be signed and dated by you and two competent witnesses who are also age 19 or older. Witnesses cannot be related to you, nor may they be beneficiaries of your estate or the person responsible for paying your medical costs.
Scope
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In Alabama, living wills allow you to specify what type of medical care you do or do not wish to receive. This includes artificial respiration or hydration, the use of feeding tubes, cardiopulmonary resuscitation, pain medication and any other life-sustaining procedure that may be available. You may also use a living will to name a proxy, who can make decisions regarding your care on your behalf. You may give your proxy as much or as little authority as you wish. If you are pregnant or become pregnant, the terms of your living will do not apply until after you give birth.
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Revision and Revocation
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State law permits you to revise or revoke your living will at any time, so long as you are mentally competent. You may do so by drafting a new living will or by destroying the old one and communicating your wishes to a competent witness. You must also notify your physician of any changes or revocation of a living will.
Physician Responsibilities
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Under state law, your physician is required to comply with the terms of your living will, so long as it does not make a request for assisted suicide. If your physician is unable or unwilling to carry out your wishes, he is required to transfer you to the care of a doctor who will. If your physician does follow the terms of your living will and it results in your death, he is not civilly or criminally liable if he acted in good faith.
Considerations
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If you do not wish to be resuscitated, you may consider drafting a separate Do Not Resuscitate Order (DNR) to ensure your wishes are upheld. Alabama living wills do not include a specific provision for organ and tissue donation or funeral arrangements. You may consider attaching a clause to your living will for your family members.
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References
Resources
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