Alabama Living Will (Advanced Medical Directive)

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ALABAMA LEGAL INFORMATION

Living Will (Advanced Medical Directive)-- Links and Statutes

  • Witnesses: At least two witnesses;
  • Who may be a witness? Alabama Code Section 22-8A-4(c)(4) sets forth the following requirements for witness to a living will or advanced medical directive:
    • 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.
  • Notary: There is no express provision in the Alabama statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;
  • Must health care agent sign form? The standard form contained in the Alabama statutes contains a place for the signature of the health care agent; therefore, it is recommended that the agent sign;
  • Alabama Statute with Living Will requirements: AL Section 22-8A-4, note: suggested form for a Living Will is found subsection (h) of the statute. See Also Alabama Durable Power of Attorney statute at subsection (g) for additional provisions that apply to medical power of attorneys including living wills.
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