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?
- 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.