Alabama Guidelines for Living Wills
Alabama law allows persons to issue legally binding instructions covering certain medical procedures in the event they become unable to make medical decisions. By making a signed document that meets specific restrictions, the person can ensure that a doctor either follows the patient's wishes in such circumstances or transfers the patient to another facility that will do so.
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Legislation
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Alabama's law on living wills is contained in the Natural Death Act. This is formally section 22-8A-4 of the Alabama Code. The concept of a living will is known in Alabama law as an "advance directive."
Requirements
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An advance directive can only be made by a person at least 19 years of age who is legally competent, a state the Alabama Hospital Association describes as being "able to think clearly and make decisions for yourself." The advance directive must be made in writing, dated, and signed in front of two adult witnesses. Although the precise wording of an advance directive is not fixed, it must be substantially similar to a sample document contained within the legislation.
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Contents
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The sample document covers five main points. The first is a declaration that the person making the advance directive understands what he is doing and that he has the right to later revoke the directive. The remaining points confirm whether the person wants each of two types of treatment (life sustaining treatment, and food and water via IV drip or tube) in each of two circumstances (terminal illness and injury, and permanent unconsciousness). While these points must be covered, an advance directive can detail other requests.
Revocation
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A person can revoke an advance directive in three ways: making a written declaration; orally revoking the directive in front of an adult witness; or physically destroying the document in a way that clearly conveys the intention of revocation.
Enforcement
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Alabama law requires that medical staff and facilities follow the requests made in a legal advance directive. When the staff or facility is not willing to do this, it must transfer the person to another facility that is willing to follow the request.
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