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Who Decides Without a Directive

Ala. Code § 22-8A-11 — a surrogate in a set order: guardian, spouse, adult child, parent, sibling, next of kin

With no advance directive or available proxy, a surrogate may decide with the attending physician whether to give, withhold or withdraw life-sustaining treatment, once two physicians have certified a terminal illness or injury or permanent unconsciousness and the patient cannot understand or direct their care with no hope of regaining that ability.

  • Ala. Code § 22-8A-11
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Who handles this in Alabama: legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.

OrderSurrogate
OrderFirstSurrogateA court appointed guardian authorized to make these decisions
OrderSecondSurrogateThe spouse, unless legally separated or in a divorce case
OrderThirdSurrogateAn adult child
OrderFourthSurrogateA parent
OrderFifthSurrogateAn adult sibling
OrderSixthSurrogateAn adult relative of the next closest degree of kinship
  • Ala. Code § 22-8A-11

The surrogate decides as closely as possible as the patient would have, taking into account the patient's known religious, spiritual, personal and moral beliefs.

  • Ala. Code § 22-8A-11
Sources for this section (1)
  1. Ala. Code § 22-8A-11 — Surrogate; Requirements; Considerations; Persons Who May Serve as Surrogate; Validity of Decisions; Liability; Form; Declaratory and Injunctive Relief; Violations

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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