Creating an Advance Directive

1. What is the controlling statute?

  • Ala. Code § 26-1A
  • Power of attorney is durable unless otherwise stated. (Ala. Code § 26-1A-104)

2. Is there a template?

  • Yes:
  • Ala. Code § 26-1A-301 – Power of Attorney Form
  • Ala. Code § 26-1A-302 – Agent’s certification


Challenging a Health Care Decision

1. Who is the presumptive decision-maker?

  • Designated: health care proxy, agent under power of attorney for healthcare, guardian or immediate family
  • See Ala. Code §§ 22-8A-4(b),(b)(2);  22-8A-11; 26-1A-404(b)-(c).

2. Who can challenge a treatment decision?

  • Any person or health care provider who is directly involved in the care of the patient. § 22-8A-11(j).

3. What is the proper court?

  • Circuit court of the county where the patient is under treatment.