Living Will And Health Care Proxy printable pdf download

Section 22-8A-4

Advance Directive for Health Care; living will and health care proxy.

(a) Any competent adult may execute a living will directing the providing, withholding, or

withdrawal of life-sustaining treatment and artificially provided nutrition and hydration.

Artificially provided nutrition and hydration shall not be withdrawn or withheld pursuant to

the living will unless specifically authorized therein.

(b) A competent adult may execute at any time a living will that includes a written health care

proxy designation appointing another competent adult to make decisions regarding the providing,

withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and

hydration. Artificially provided nutrition and hydration shall not be withdrawn or withheld

pursuant to the proxy designation unless specifically authorized therein. A proxy designation

made pursuant to this section shall be accepted in writing by the individual being appointed.

The acceptance shall be evidenced in writing and attached to the proxy designation. The proxy

designation may be a separate document or part of a living will.

(1) The designation of an attorney-in-fact, made pursuant to Section 26-1-2, as amended from

time to time, who is specifically authorized to make decisions regarding the providing,

withholding, or withdrawing of life-sustaining treatment or artificially provided nutrition and

hydration in instances involving terminal illness or injury and permanent unconsciousness,

constitutes for purposes of this chapter a proxy designating another individual to act for the

declarant pursuant to this subsection, provided, however, that the authority granted to an

attorney-in-fact to make such decisions shall be the same as the authority granted in this

chapter to a health care proxy. The appointment shall be limited to the specific directions

enumerated in the appointment.

(2) Any powers granted to a health care proxy in an advance directive for health care executed

pursuant to this subsection that permit a health care proxy to make general health care

decisions not related to the provision, withdrawal, or withholding of life-sustaining treatment

or artificially provided nutrition and hydration shall be limited to those powers permitted

under the Alabama Durable Power of Attorney Act, Section 26-1-2, as the same shall be amended

from time to time.

(3) Unless otherwise provided in the proxy designation or in an order of divorce, dissolution,

or annulment of marriage or legal separation, the divorce, dissolution, or annulment of

marriage of the declarant revokes the designation of the declarant's former spouse as health

care proxy.

(4) Under no circumstances shall the patient's health care provider or a nonrelative employee

of the patient's health care provider make decisions in the capacity of a health care proxy.

(1) In writing;

(2) Signed by the person making the advance directive for health care, or by another person in

the declarant's presence and by the declarant's expressed direction;

(3) Dated; and

(4) Signed in the presence of two or more witnesses at least 19 years of age, neither of whom

shall be the person who signed the advance directive for health care on behalf of and at the

direction of the person making the advance directive for health care, appointed as the health

care proxy therein, related to the declarant by blood, adoption, or marriage, entitled to any

portion of the estate of the declarant according to the laws of intestate succession of this

state or under any will of the declarant or codicil thereto, or directly financially

responsible for declarant's medical care.

(d) An advance directive for health care shall become effective when: (1) The attending

physician determines that the declarant is no longer able to understand, appreciate, and direct

his or her medical treatment; and (2) two physicians, one of whom shall be the attending

physician, and one of whom shall be qualified and experienced in making such diagnosis, have

personally examined the declarant and have diagnosed and documented in the medical record that

the declarant has either a terminal illness or injury or is in a state of permanent

unconsciousness.

Living Will And Health Care Proxy

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