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Alabama Advance Directives

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Alabama has restrictions that some other states do not. It is important to discuss all of these restrictions with a lawyer when creating your Advance Directive if you live in Alabama, or it is possible you'll receive medical attention in that state. One such restriction regards pregnant women. In Alabama, pregnant patients cannot elect to have life-sustaining treatments (such as tube feeding and artificial hydration) withheld despite what directions your Advance Directive might give.

Once completed, you must sign your Advance Directive in the presence of two witnesses at least 19 years old. These witnesses must know you personally and confirm that you are of sound mind. Additionally, in Alabama, you must have an appointed healthcare proxy and an alternate healthcare proxy identified in the Advance Directive, and both of these people must sign the document as well to make it legal. It is important to remember that in Alabama, your first two witnesses cannot also be your healthcare proxy or alternate. They cannot be entitled to any of your estate upon your death, and they cannot be financially responsible for your medical care. They cannot be related to you in any way: by blood, marriage, or adoption. Your appointed healthcare proxy, however, may be a family member. Your proxy may also be a close friend.

If you happen to change your mind about the Advance Directive you've created, there are a number of legal ways to revoke the document. One is expressing a vocal (oral) intent to revoke the directive in the presence of a witness who meets the above witness criteria. The witness must then sign a note that confirms you orally revoked the Advance Directive and this document must be added to your medical record. A second way to revoke an Advance Directive is to write a revocation stating your dissolution of the existing AD. Finally, you can simply destroy the Advance Directive you've created by burning, tearing, etc. However, if the document has already entered your medical file and this is not possible, you'll have to use one of the first two methods.


 
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