What Is an Advanced Healthcare Directive in Alabama?

Preparing for the future can bring great peace of mind for both you and your loved ones as you become older. 

The last thing anyone wants to deal with is suddenly falling ill and not having a plan in action regarding medical care and treatments. That’s why it’s a good idea to draw up an advanced healthcare directive.

This article will discuss what healthcare directives are and how to choose the right one for you. 

Read on to learn more. 

What Is an Advanced Healthcare Directive?

An advance healthcare directive is a legal document stating how you want medical decisions made if you cannot make those decisions. This document lets your doctors or healthcare team and your loved ones know what type of healthcare you want and who can’t make decisions for you.

Advanced healthcare directives are designed to help people plan ahead for times of medical uncertainty. This would also include your wishes related to end-of-life care. 

It’s important to note that advanced healthcare directives only concern health care decisions and do not affect or involve financial matters of any kind. 

The Types of Advanced Directives in Alabama

In the state of Alabama, once you turn 19, you have the legal right to make decisions about your medical care. Accordingly, 19 is also the legal age in which you can draw up an advanced healthcare directive—as long as you are of sound mind and can make decisions for yourself.

There are three types of related healthcare documents to consider:

A Living Will

A living will is a legal document that specifies the type of medical treatments you desire. This document can be as specific or as general as you’d like to make it. Still, they usually state language like the following:

“If I suffer from an incurable or irreversible illness, disease, or condition and my primary physician has determined that the condition is terminal, I direct that any life-sustaining measures that would only extend my time of dying to be withheld or discontinued.”

Living wills include information regarding an individual’s wishes for certain services, such as hydration, feeding, administering antibiotics or analgesics, and the use of ventilators or other forms of resuscitation. 

A Health Care Proxy

A health care proxy is another legal document in which individuals appoint another person they trust to make their health care decisions. Typically, these documents are necessary if the testator becomes mentally incapacitated. The health care proxy would also have the same rights to refuse or request treatments following the individual’s wish for medical decisions.

A health care proxy can also be an additional clause to your living will. Just remember, a proxy should be someone that you can trust to follow through with your wishes.

A Durable Power of Attorney

A durable power of attorney (DOA) is much like a healthcare proxy. It enables you to designate a trusted individual to carry out your medical wishes if you cannot make the medical decisions yourself.

However, the difference between a DOA and a proxy is that a DOA also allows the appointed individual to conduct financial transactions. For example, a DOA can make bank withdrawals, transfers, or deposits, sign Social Security checks, pay your bills, and even apply for disability.

Deciding on an Advanced Healthcare Directive and Proxy

When deciding on an advanced healthcare directive, one of the most important things to remember is that you can always make changes to the documents later. You can also choose to use all three types of directives if needed.

The type of directive you choose should reflect your interests. Once you become unable to make your own medical decisions, the document will go into effect. Your wishes will determine what happens next.

Therefore, it’s also crucial that as you plan ahead. This includes speaking with your doctor and preferred hospital or healthcare center to ensure that they can provide you with the kind of care you would want.

Arguably one of the most critical aspects of deciding on an advanced healthcare directive is deciding whether or not to have a proxy and who should serve in that role. If you choose to appoint a proxy or DOA, you must make sure that it’s someone you can trust.

You’ll also need to think about how much authority your proxy or DOA will have over your medical care. Will they be entitled to make a range of decisions or only a few specific ones regarding your care? 

It’s also a good idea to declare an alternative proxy or DOA and what their role is. For example, perhaps you want your lawyer to be your DOA and handle your medical finances. Still, you’d prefer that your spouse make all the medical decisions. 

Making it Official 

While you can write an advanced healthcare directive on your own, it’s essential to involve two people: Your doctor and a lawyer. 

Your doctor can help you understand the various medical decisions and procedures that may come up in the future. They can also take a look at your family’s medical history to help you determine what should be included in your directive.

It’s a good idea to consult with an Alabama estate planning attorney regarding the legal aspects of the document, especially if you’re appointing a DOA or drawing up a living will.

Sarah S. Shepard can help you file your advanced healthcare directive, making it a legal and enforceable document. Contact Sarah or another Huntsville estate planning attorney on her team today to learn more about advanced healthcare directives.