A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Alabama, a living will is recognized under the Alabama Advance Directive for Health Care Act. This document allows an individual, known as the declarant, to specify their preferences regarding medical treatment in the event they are unable to communicate due to a medical emergency. The living will can include instructions on whether to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal condition or permanently unconscious. The living will must be signed by the declarant in the presence of two witnesses. Additionally, Alabama recognizes the use of a Health Care Proxy, which is a part of the Advance Directive, where an individual can appoint an attorney-in-fact to make health care decisions on their behalf if they become incapacitated. Do Not Resuscitate (DNR) orders are also recognized in Alabama and must comply with specific state regulations. These documents are typically part of the state's probate or estates code and are crucial for ensuring that an individual's health care wishes are respected.