Living Will – Advanced Directive

Serving Scottsboro and Jackson County

In the State of Alabama the purpose of a Living Will and Health Care Proxy – Advance Directive for Health Care, is to make your wishes known about what medical treatment or other care you would or would not want if you become too sick to speak for yourself.

How do I make my Alabama Advance Health Care Directive legal?

The law requires that you sign your document, or direct another to sign it, in the presence of two witnesses, who must be at least 19 years of age.

Your witnesses cannot be:

• your appointed health care proxy,
• related to you by blood, adoption or marriage,
• entitled to any portion of your estate upon your death, either through your will or under

the laws of interstate succession,

• directly financially responsible for your medical care, or
• the person who signed your document on your behalf.

The witnesses must also sign the document to show that they personally know you, believe you to be of sound mind, and that they do not fall into any of the categories of people who cannot be witnesses.

Whom should I appoint as my proxy?

Your proxy is the person you appoint to make decisions about your healthcare if you become unable to make those decisions yourself. Your proxy may be a family member or a close friend whom you trust to make serious decisions. The person you name as your proxy should clearly understand your wishes and be willing to accept the responsibility of making healthcare decisions for you.

When does my proxy’s authority become effective?

Your Alabama advance directive for health care goes into effect when your doctor determines that you are no longer able to understand, appreciate, and direct your medical treatment, and your doctor and one other doctor experienced in making the diagnosis determine that you are permanently unconscious or terminally ill and document such diagnosis in your medical record.

You retain the primary authority for your healthcare decisions as long as you are able to make your wishes known.

Experienced Attorney for Living Will – Advanced Directive in Scottsboro and Jackson County

For help with living wills and advanced directives, call DUNSMORE & BENSON at 256-574-9999 to schedule your free consultation.