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A Living Will and a Health Care Proxy

Ala. Code § 22-8A-4 — signed before two witnesses at least 19 who are not family or heirs

Any competent adult may make a living will directing that life-sustaining treatment and artificial nutrition and hydration be given, withheld or withdrawn, and may name another competent adult as health care proxy to make those decisions. Artificial nutrition and hydration are withheld only if the document specifically says so.

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Who handles this in Alabama: legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.

  • The person making it signs it, or someone signs in their presence at their direction.
  • Two or more witnesses at least 19 years of age sign in the person's presence.
  • A witness is not the proxy, the one who signed for the person, a relative by blood, adoption or marriage, someone who would inherit, or someone directly responsible for paying for the person's care.
  • The proxy accepts the appointment in writing, attached to the designation.
  • Ala. Code § 22-8A-4

A divorce changes the proxy. Unless the document or the court order says otherwise, a divorce or annulment revokes the naming of the former spouse as health care proxy.

  • Ala. Code § 22-8A-4
Sources for this section (1)
  1. Ala. Code § 22-8A-4 — Advance Directive for Health Care; Living Will and Health Care Proxy

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.

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