Establishing secure connection…Loading editor…Preparing document…

Alabama Advance Directive Durable Power of Attorney

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ADVANCE DIRECTIVE FOR HEALTH CARE
(Living Will and Health Care Proxy)

This form may be used in the State of Alabama to make your wishes known about what medical treatment or other care you would or would not want if you become too sick to speak for yourself. You are not required to have an advance directive. If you do have an advance directive, be sure that your doctor, family, and friends know you have one and know where it is located.

Section 1. Living Will

I, , being of sound mind and at least 19 years old, would like to make the following wishes known. I direct that my family, my doctors and health care workers, and all others follow the directions I am writing down. I know that at any time I can change my mind about these directions by tearing up this form and writing a new one. I can also do away with these directions by tearing them up and by telling someone at least 19 years of age of my wishes and asking him or her to write them down.

I understand that these directions will only be used if I am not able to speak for myself.

IF I BECOME TERMINALLY ILL OR INJURED:

Terminally ill or injured is when my doctor and another doctor decide that I have a condition that cannot be cured and that I will likely die in the near future from this condition.

Life sustaining treatment - Life sustaining treatment includes drugs, machines, or medical procedures that would keep me alive but would not cure me. I know that even if I choose not to have life sustaining treatment, I will still get medicines and treatments that ease my pain and keep me comfortable.

Place your initials by either “yes” or “no”:

I want to have life sustaining treatment if I am terminally ill or injured.

Yes No

Artificially provided food and hydration (Food and water through a tube or an IV) — I understand that if I am terminally ill or injured I may need to be given food and water through a tube or an IV to keep me alive if I can no longer chew or swallow on my own or with someone helping me.

Place your initials by either “yes” or “no”:

I want to have food and water provided through a tube or an IV if I am terminally ill or injured.

Yes No

IF I BECOME PERMANENTLY UNCONSCIOUS:

Permanent unconsciousness is when my doctor and another doctor agree that within a reasonable degree of medical certainty I can no longer think, feel anything, knowingly move, or be aware of being alive. They believe this condition will last indefinitely without hope for improvement and have watched me long enough to make that decision. I understand that at least one of these doctors must be qualified to make such a diagnosis.

Life sustaining treatment – Life sustaining treatment includes drugs, machines, or other medical procedures that would keep me alive but would not cure me. I know that even if I choose not to have life sustaining treatment, I will still get medicines and treatments that ease my pain and keep me comfortable.

Place your initials by either “yes” or “no”:

I want to have life-sustaining treatment if I am permanently unconscious.

Yes No

Artificially provided food and hydration (Food and water through a tube or an IV) — I understand that if I become permanently unconscious, I may need to be given food and water through a tube or an IV to keep me alive if I can no longer chew or swallow on my own or with someone helping me.

Place your initials by either “yes” or “no”:

I want to have food and water provided through a tube or an IV if I am permanently unconscious.

Yes No

OTHER DIRECTIONS:

Please list any other things you want done or not done.

In addition to the directions I have listed on this form, I also want the following:

If you do not have other directions, place your initials here: No, I do not have any other directions.

Section 2 If I need someone to speak for me.

This form can be used in the State of Alabama to name a person you would like to make medical or other decisions for you if you become too sick to speak for yourself. This person is called a health care proxy. You do not have to name a health care proxy. The directions in this form will be followed even if you do not name a health care proxy.

Place your initials by only one answer:

I do not want to name a health care proxy (If you check this answer, go to Section 3)
I do want the person listed below to be my health care proxy. I have talked with this person about my wishes.

First choice for proxy:

Relationship to me:

Address:

City:

State:

Zip Code:

Day-time Phone Number:

Night-time Phone Number:

If this person is not able, not willing, or not available to be my health care proxy, this is my next choice:

Second choice for proxy:

Relationship to me:

Address:

City:

State:

Zip Code:

Day-time Phone Number:

Night-time Phone Number:

Instructions for Proxy

Place your initials by either “yes” or “no”:

I want my health care proxy to make decisions about whether to give me food and water through a tube or an IV.

Yes No

Place your initials by only one of the following:

I want my health care proxy to follow only the directions as listed on this form.
I want my health care proxy to follow my directions as listed on this form and to make any decisions about things I have not covered in the form.
I want my health care proxy to make the final decision, even though it could mean doing something different from what I have listed on this form.

Section 3. The things listed on this form are what I want.

I understand the following:

If my doctor or hospital does not want to follow the directions I have listed, they must see that I get to a doctor or hospital who will follow my directions.

If I am pregnant, or if I become pregnant, the choices I have made on this form will not be followed until after the birth of the baby.

If the time comes for me to stop receiving life sustaining treatment or food and water through a tube or an IV, I direct that my doctor talk about the good and bad points of doing this, along with my wishes, with my health care proxy, if I have one, and with the following people:

Section 4. My Signature.

Your Name:

The month, day and year of your birth:

Your Signature:

Date Signed:

Section 5. Witnesses (need two witnesses to sign)

I am witnessing this form because I believe this person to be of sound mind. I did not sign the person’s signature, and I am not the health care proxy. I am not related to the person by blood, adoption, or marriage and not entitled to any part of his or her estate. I am at least 19 years of age and am not directly responsible for paying for his or her medical care.

Name of First Witness:

Signature:

Date:

Name of Second Witness:

Signature:

Date:

Section 6. Signature of Proxy.

I,

am willing to serve as the health care proxy.

Signature:

Date:

Signature of Second Choice for Proxy:

I,

am willing to serve as the health care proxy if the first choice cannot serve.

Signature:

Date:

Enter text

What the Alabama Advance Directive Durable Power of Attorney Is

The Alabama Advance Directive Durable Power of Attorney is a combined legal instrument used to name an agent who can make health care decisions (advance directive) and financial or legal decisions (durable power of attorney) if you lose capacity. It specifies the scope of authority, any limits on decision-making, when the powers become effective, and how to revoke the designation. Making the document durable means the agent’s authority continues if you become incapacitated; accuracy in names, dates, and signatures is essential for enforceability.

Why this document matters for Alabama residents

Use this combined advance directive and durable power of attorney to ensure your medical preferences and financial affairs are managed by someone you trust, avoid court-appointed guardianship, and reduce delays when decisions are urgent.

Why this document matters for Alabama residents

Who typically prepares or relies on this document

People create this document to name trusted decision-makers for health and financial matters in case of incapacity.

  • Older adults planning for incapacity and end-of-life care.
  • Individuals with chronic illnesses or planned major surgery.
  • Caregivers and family members coordinating care and finances.

Attorneys, eldercare coordinators, and medical intake teams often request a notarized original or certified copy when the agent first acts.

Core elements included in a professional Alabama Advance Directive Durable Power of Attorney

A well-drafted form covers who acts, which powers transfer, when authority starts, safeguards (alternates, acceptance), revocation, and execution formalities required in Alabama.

Principal

Name and identifying details of the person granting authority, including full legal name and date of birth to avoid identity confusion in medical and financial settings.

Primary Agent

Full name, relationship, contact information, and successor instructions so institutions can contact the appointed decision-maker quickly when action is required.

Alternate Agent

Designation of one or more alternate agents with clear activation rules in case the primary agent is unavailable or unwilling to act.

Scope of Powers

Detailed list of healthcare and financial authorities granted (e.g., access to records, consent to treatment, banking, property management) and any explicit exclusions.

Effective Date

Statement whether the power is immediate or springs on incapacity, and the standard used to determine incapacity (physician certification recommended).

Execution & Revocation

Signature, date, witness/notary blocks, and clear revocation language describing how the principal cancels or amends powers.

Step-by-step: completing the Alabama Advance Directive Durable Power of Attorney

Follow these sequential steps to prepare an enforceable document and make sure providers accept it when needed.

  • 01
    Gather information: Collect full names, DOBs, addresses, and phone numbers for principal, agent, and alternates.
  • 02
    Choose an agent: Select a trustworthy agent and discuss powers, limits, and expectations before signing.
  • 03
    Complete the form: Fill in fields clearly, choose effective date language, and specify powers with precision.
  • 04
    Execute properly: Sign with required witnesses and/or notary; use RON only if state and institution accept it.

How execution and use typically flow

The workflow moves from preparation to execution, authentication, and distribution so decision-makers and institutions can rely on the document.

  • Prepare document: Draft or download the form and confirm required witness/notary rules.
  • Authenticate signer: Signer appears before witnesses/notary or completes approved RON session where accepted.
  • Notarize or witness: Complete notary acknowledgement and witness affidavits per Alabama practice or county custom.
  • Share copies: Provide certified copies to hospitals, banks, and the appointed agent; retain originals securely.

Digital workflow settings to consider when completing online

Configure authentication, field types, file format, and retention before sending to ensure legal compliance and smooth execution.

Field Configuration
Authentication Email link plus SMS code recommended for signer verification
Witness/Notary Add separate signature fields for witnesses and a notary acknowledgement
Document format Use PDF/A to preserve layout and signatures
Retention Enable audit trail and export signed PDF for records retention

Technical and security requirements for electronic execution

Confirm the eSignature platform supports legal authentication, tamper-evident PDFs, and HIPAA controls for health information.

  • File types: PDF, DOCX supported
  • Authentication: Email, SMS, KBA as needed
  • Security: TLS and AES-256 encryption

Choose a platform that retains an audit trail, supports notarization options where required, and allows secure long-term storage of executed documents.

Time-sensitive items and recommended review schedule

This document has no universal filing deadline but includes execution and review dates that affect effectiveness and institutional acceptance.

Effective Date:

Enter as MM/DD/YYYY; determines when agent authority begins

Notarization Window:

Complete notarization at signing for best acceptance practices

Witness Timing:

Witnesses must sign contemporaneously with principal

Periodic Review:

Review every 3–5 years or after major life changes

Institution Acceptance:

Banks/hospitals may require original notarized copy on first use

Key milestones from drafting to active use

A typical lifecycle includes drafting, formal execution, authentication, and distribution to stakeholders and record keepers.

01

Drafting

Complete fields and specify powers clearly before presentation to witnesses or notary.

02

Execution

Principal signs in presence of required witnesses and/or notary according to jurisdictional rules.

03

Authentication

Notary or RON provider completes acknowledgement and records identity proofing details.

04

Distribution

Provide certified copies to agent, medical providers, and financial institutions for immediate access.

Potential legal risks and consequences of errors

Invalid Execution: Court may refuse to recognize the document
Guardianship Risk: Missing or defective POA can lead to guardianship proceedings
Agent Misconduct: Unauthorized acts can trigger civil liability
Institutional Refusal: Banks may decline to accept uncertified copies
Tax Consequences: Improper authority may cause reporting errors
Record Retention: Lost originals complicate future disputes

Security, compliance, and data handling considerations

Encryption: TLS 1.2/1.3 in transit and AES-256 at rest
Audit Trail: Tamper-evident log with timestamps and IP addresses
HIPAA Support: BAA available when medical data is involved
Legal Frameworks: ESIGN and UETA preserve e-signature enforceability
Authentication: Multi-factor and KBA options for higher assurance
Retention Controls: Exportable signed PDF and long-term archival options

Common mistakes to avoid when preparing the document

  • Leaving blanks or using initials instead of full signatures often leads institutions to reject the document and request a new original.
  • Failing to notarize when notarization is customary can delay benefits access or compel a court guardianship process.
  • Naming an agent without discussing expectations creates disputes and may result in the agent refusing to act when needed.
  • Using vague power descriptions invites creditor or family disputes; be specific about powers granted and limits.

Real-world scenarios where this document is used

These two examples show typical applications and operational considerations for principals and agents.

Elder Care Planning

An aging principal completes the form to appoint a daughter as agent

  • The agent gains authority to manage finances and authorize care
  • The family presents a notarized original to the hospital and bank to avoid guardianship and ensure seamless care decisions.

Hospital Intake Use

A patient arriving for major surgery signs an advance directive and durable POA in advance

  • Medical staff receive the document during admission
  • The document authorizes the agent to consent to treatment and access medical records if the patient is incapacitated post-operation.

Comparing eSignature vendor pricing and capabilities for signing legal documents

Cost and capability differences can affect acceptance by institutions and the convenience of execution. signNow is listed first for direct vendor comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about the Alabama Advance Directive Durable Power of Attorney

Answers to common execution, acceptance, and electronic signing questions to help avoid refusals and delays.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users