Alabama Code 22-8A-4. Advance Directive for Health Care; living will and health care proxy
Terms Used In Alabama Code 22-8A-4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- following: means next after. See Alabama Code 1-1-1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intestate: Dying without leaving a will.
- month: means a calendar month. See Alabama Code 1-1-1
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
- year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
ADVANCE DIRECTIVE FOR HEALTH CARE |
(Living Will and Health Care Proxy) |
This form may be used in the State of Alabama 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. You are not required to have an advance directive. If you do have an advance directive, be sure that your doctor, family, and friends know you have one and know where it is located.
Section 1. Living Will
I, ___________________, being of sound mind and at least 19 years old, would like to make the following wishes known. I direct that my family, my doctors and health care workers, and all others follow the directions I am writing down. I know that at any time I can change my mind about these directions by tearing up this form and writing a new one. I can also do away with these directions by tearing them up and by telling someone at least 19 years of age of my wishes and asking him or her to write them down.
I understand that these directions will only be used if I am not able to speak for myself.
IF I BECOME TERMINALLY ILL OR INJURED:
Terminally ill or injured is when my doctor and another doctor decide that I have a condition that cannot be cured and that I will likely die in the near future from this condition.
Life sustaining treatment – Life sustaining treatment includes drugs, machines, or medical procedures that would keep me alive but would not cure me. I know that even if I choose not to have life sustaining treatment, I will still get medicines and treatments that ease my pain and keep me comfortable.
Place your initials by either “yes” or “no”:
I want to have life sustaining treatment if I am terminally ill or injured. ____ Yes ____ No
Artificially provided food and hydration (Food and water through a tube or an IV) – I understand that if I am terminally ill or injured I may need to be given food and water through a tube or an IV to keep me alive if I can no longer chew or swallow on my own or with someone helping me.
Place your initials by either “yes” or “no”:
I want to have food and water provided through a tube or an IV if I am terminally ill or injured. ____ Yes ____ No
IF I BECOME PERMANENTLY UNCONSCIOUS:
Permanent unconsciousness is when my doctor and another doctor agree that within a reasonable degree of medical certainty I can no longer think, feel anything, knowingly move, or be aware of being alive. They believe this condition will last indefinitely without hope for improvement and have watched me long enough to make that decision. I understand that at least one of these doctors must be qualified to make such a diagnosis.
Life sustaining treatment – Life sustaining treatment includes drugs, machines, or other medical procedures that would keep me alive but would not cure me. I know that even if I choose not to have life sustaining treatment, I will still get medicines and treatments that ease my pain and keep me comfortable.
Place your initials by either “yes” or “no”:
I want to have life-sustaining treatment if I am permanently unconscious. ____ Yes ____ No
Artificially provided food and hydration (Food and water through a tube or an IV) – I understand that if I become permanently unconscious, I may need to be given food and water through a tube or an IV to keep me alive if I can no longer chew or swallow on my own or with someone helping me.
Place your initials by either “yes” or “no”:
I want to have food and water provided through a tube or an IV if I am permanently unconscious. ____ Yes ____ No
OTHER DIRECTIONS: |
Please list any other things you want done or not done.
In addition to the directions I have listed on this form, I also want the following: _____________________
If you do not have other directions, place your initials here: ____ No, I do not have any other directions.
Section 2. If I need someone to speak for me.
This form can be used in the State of Alabama to name a person you would like to make medical or other decisions for you if you become too sick to speak for yourself. This person is called a health care proxy. You do not have to name a health care proxy. The directions in this form will be followed even if you do not name a health care proxy.
Place your initials by only one answer:
_____ I do not want to name a health care proxy. (If you check this answer, go to Section 3)
_____ I do want the person listed below to be my health care proxy. I have talked with this person about my wishes.
First choice for proxy: __________________________
Relationship to me: _____________________________
Address: ____________________________________
City: _______________ State: _______ Zip: _________
Day-time phone number: ___________ Night-time phone number: ____________
If this person is not able, not willing, or not available to be my health care proxy, this is my next choice:
Second choice for proxy: __________________________
Relationship to me: _______________________________
Address: ______________________________________
City: _________________ State: _______ Zip: _________
Day-time phone number: ___________ Night-time phone number: ____________
Instructions for Proxy |
Place your initials by either “yes” or “no”:
I want my health care proxy to make decisions about whether to give me food and water through a tube or an IV. ____ Yes ____ No
Place your initials by only one of the following:
____ I want my health care proxy to follow only the directions as listed on this form.
____ I want my health care proxy to follow my directions as listed on this form and to make any decisions about things I have not covered in the form.
____ I want my health care proxy to make the final decision, even though it could mean doing something different from what I have listed on this form.
Section 3. The things listed on this form are what I want.
I understand the following:
If my doctor or hospital does not want to follow the directions I have listed, they must see that I get to a doctor or hospital who will follow my directions.
If I am pregnant, or if I become pregnant, the choices I have made on this form will not be followed until after the birth of the baby.
If the time comes for me to stop receiving life sustaining treatment or food and water through a tube or an IV, I direct that my doctor talk about the good and bad points of doing this, along with my wishes, with my health care proxy, if I have one, and with the following people: ____________________________________
Section 4. My signature
Your name: _________________________
The month, day, and year of your birth: ______
Your signature: _______________________
Date signed: _________________________
Section 5. Witnesses (need two witnesses to sign)
I am witnessing this form because I believe this person to be of sound mind. I did not sign the person’s signature, and I am not the health care proxy. I am not related to the person by blood, adoption, or marriage and not entitled to any part of his or her estate. I am at least 19 years of age and am not directly responsible for paying for his or her medical care.
Name of first witness: ___________________
Signature: _____________________________
Date: _______________
Name of second witness: _________________
Signature: _____________________________
Date: _______________
Section 6. Signature of Proxy
I, ______________________, am willing to serve as the health care proxy.
Signature: ____________________ Date: __________
Signature of Second Choice for Proxy:
I, ______________________, am willing to serve as the health care proxy if the first choice cannot serve.
Signature: ____________________ Date: _____________