An Alabama (AL) medical power of attorney (MPOA) is a type of advance directive that lets you appoint another person (called your “agent”) to make medical decisions for you if become incapacitated.
In Alabama, a medical power of attorney is also known as an:
- Alabama Health Care Proxy
- Alabama Durable Power of Attorney for Health Care
Laws: Title 22, Chapter 8A, Section 4 of the Code of Alabama governs medical powers of attorney in Alabama.
Consider completing the following forms in addition to a medical power of attorney, which can be helpful in the case of an unforeseen event:
- Living Will: A living will is another type of advance directive that’s often combined with an MPOA on the same form. This document defines your preferences for end-of-life treatment and serves as a guide for medical professionals and your healthcare agent.
- Alabama (Financial) Power of Attorney: This document gives an agent the ability to make financial decisions and transactions on your behalf if you’re incapacitated.
How to Fill in an Alabama Medical Power of Attorney
The following steps will guide you through the process of completing your Alabama medical power of attorney as required by AL Code §22-8A-4:
Step 1: Choose an agent
Your agent, also called your proxy or attorney-in-fact, is the individual you choose to have power over your health care decisions if you become incapacitated.
Who should you choose as an agent?
Your agent should be someone that you trust completely, as they will be making potentially life-or-death decisions for you. The agent should be capable of making healthcare decisions on your behalf according to your wishes and in your best interest. They should also have a good understanding of your moral and religious beliefs.
Relevant Law: AL Code §22-8A-4
Who can’t be your agent?
There are a few individuals who cannot act as your agent in Alabama:
- Anyone under the age of 18
- Your healthcare provider
- An employee of your health care provider unless they’re related to you by blood, adoption, or marriage
Relevant Law: AL Code §26-1A-404
Can you have more than one agent?
Only one agent can act on your behalf at one time, but Alabama law allows you to name a backup agent if the first person you designate is unavailable or unwilling to serve.
Relevant Law: AL Code §22-8A-4
Step 2: Specify what health care decisions your agent can make.
It’s a good idea to include clear and specific wishes regarding your care wishes and which decisions your agent can make on your behalf. The wishes you describe in your MPOA (or another advance directive) won’t apply if you’re pregnant.
Can you limit your agent’s powers?
Yes, you can restrict the decisions your agent can make on your behalf. You can also include specific wishes regarding your healthcare in the document.
If you don’t put any limitations on your form, your agent will have the power to make the majority of healthcare decisions you would normally make for yourself while you’re incapacitated.
Relevant Law: AL Code §26-1A-404
What is your agent legally unable to do?
Your agent can’t authorize any of the following on your behalf:
- Psychosurgery
- Sterilization
- Abortion (unless necessary to preserve your life)
- Involuntary admission to a mental health facility
- Involuntary mental health treatment
Your agent also can’t make any decisions regarding life-sustaining treatment and artificial nutrition or hydration if you don’t specifically authorize it in your MPOA document.
Relevant Law: AL Code §22-8A-4
When can your agent start making decisions for you?
After your doctor determines you’ve lost the ability to make decisions about your health care and gets a second opinion from another qualified physician, your agent can take over and make decisions on your behalf.
Relevant Law: AL Code §22-8A-4
Step 3: Sign the form
Your Alabama medical power of attorney becomes legally binding once you sign according to the following requirements:
Do you need witness or notary signatures?
Yes, two people must witness your signature and affirm that you’re of sound mind when signing. If you can’t sign, you can direct someone (aside from your witnesses) to sign for you in your presence. Alabama law doesn’t require the document to be notarized.
Relevant Law: AL Code §22-8A-4
Who can’t be a witness?
The witnesses can’t be:
- Anyone related to you by blood, marriage
- Anyone entitled to any portion of your estate
- The person paying for your medical care
- Anyone under the age of 19
Relevant Law: AL Code §22-8A-4
How long is your Alabama medical power of attorney effective?
Unless you include an expiration date, your Alabama MPOA will be effective indefinitely until you revoke it.
Relevant Law: AL Code §26-1A-404
How to Revoke an Alabama Medical Power of Attorney
Your medical power of attorney can be revoked at any time you wish with one of the following methods:
- Inform your agent or health care provider
- Destroy the original document (rip, burn, or deface it)
- Create a written revocation of power of attorney form
- State your intention to revoke the MPOA in front of a witness (at least 19 years old) who will create and sign a written confirmation
Additionally, if you divorce your spouse who you previously assigned as your MPOA agent, their powers as the agent will be automatically revoked.
Relevant Law: AL Code §26-1A-404
