Alabama Living Will Requirements
Based on Code of Alabama §22-8A-1 through §22-8A-14 (Natural Death Act)
Quick Summary
- Document type: Advance Directive for Health Care
- 2 witnesses required
- Notarization not required
Witness Requirements
Alabama requires 2 witnesses who are present when you sign your advance directive for health care. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least 19 years of age
- A witness cannot be the person who signed the advance directive on behalf of the declarant
- A witness cannot be the person appointed as the health care proxy
- A witness cannot be related to the declarant by blood, adoption, or marriage
- A witness cannot be entitled to any portion of the declarant's estate by will or by operation of law
- A witness cannot be directly financially responsible for the declarant's medical care
When Your Living Will Takes Effect
Your Alabama living will becomes effective when the following conditions are met:
Terminal Illness
A terminal illness or injury is an incurable and irreversible condition that, without the administration of life-sustaining treatment, will in the opinion of the attending physician result in death within a relatively short time.
Persistent Vegetative State
Permanent unconsciousness is a condition that, to a reasonable degree of medical certainty, will last permanently without improvement, in which cognitive thought, sensation, purposeful action, social interaction, and awareness of self and environment are absent, and which has existed for a period of time sufficient, in accordance with applicable professional standards, to make such a diagnosis.
Irreversible Condition
An irreversible condition is a condition that is not combatable or curable, where medical treatment serves only to prolong an inevitable and irreversible decline toward death.
Important Notes for Alabama
- Alabama follows the Natural Death Act (Code of Alabama §22-8A-1 through §22-8A-14)
- Any competent adult may execute an advance directive for health care, which may include a living will, the appointment of a health care proxy, or both
- Notarization is not required but is recommended to strengthen validity
- An oral or written statement may also be accepted as a directive under Alabama law
- The declaration becomes effective when communicated to the attending physician and the declarant is determined to have a terminal condition or to be permanently unconscious
- A declaration may be revoked at any time by the declarant, without regard to mental state or competency, by physical destruction, written revocation, or verbal expression of intent to revoke
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.