Medical Power of Attorney in Alabama

Alabama calls the health care agent a "health care proxy." The proxy is named in the Advance Directive for Health Care (or a separate proxy designation) and must accept the appointment in writing, with the acceptance attached. Signing rules are the same as for the living will: written, signed, dated, and two qualified adult witnesses (19 or older). A person's health care provider, or a nonrelative employee of that provider, may never serve as proxy. Divorce revokes a former spouse's designation unless the document says otherwise. An attorney-in-fact under a durable power of attorney who is specifically given end-of-life decision authority is also treated as a proxy.

Any competent adult may sign an advance directive for health care, which can include a living will and a health care proxy designation; the proxy must accept the appointment in writing. The directive must be in writing, signed (or signed for the person in their presence and at their direction), dated, and signed in front of two witnesses who are at least 19. A witness cannot be the proxy, a relative by blood, adoption or marriage, an heir or will beneficiary, or someone financially responsible for the person's medical care.

Alabama has a statutory form: the Advance Directive for Health Care, which combines a living will and an optional health care proxy. Any competent adult may sign one. It must be in writing, signed by the person (or by someone else in their presence and at their direction), dated, and signed in front of two witnesses who are at least 19. A witness cannot be the person who signed for the declarant, the named proxy, a relative by blood, adoption or marriage, an heir or will beneficiary, or someone directly financially responsible for the person's medical care. The directive takes effect only when the person can no longer direct their own treatment and two physicians document a terminal illness or injury or permanent unconsciousness. The form wording is printed in the statute.