Code of Alabama

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26-1-2
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to May 8, 1997, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority granted...
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26-1A-404
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to January 1, 2012, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority...
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22-8A-4
The acceptance shall be evidenced in writing and attached to the proxy designation. The proxy
designation may be a separate document or part of a living will. (1) The designation of an
attorney-in-fact, made pursuant to Section 26-1-2, as amended from time to time, who is specifically
authorized to make decisions regarding the providing, withholding, or withdrawing of life-sustaining
treatment or artificially provided nutrition and hydration in instances involving terminal
illness or injury and permanent unconsciousness, constitutes for purposes of this chapter
a proxy designating another individual to act for the declarant pursuant to this subsection,
provided, however, that the authority granted to an attorney-in-fact to make such decisions
shall be the same as the authority granted in this chapter to a health care proxy. The appointment
shall be limited to the specific directions enumerated in the appointment. (2) Any powers
granted to a health care proxy in an advance...
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22-8A-3
by the law of this state to administer or provide health care in the ordinary course of business
or in the practice of a profession. (9) HEALTH CARE PROXY. Any person designated to act on
behalf of an individual pursuant to Section 22-8A-4. (10) LIFE-SUSTAINING TREATMENT. Any medical
treatment, procedure, or intervention that, in the judgment of the attending physician, when
applied to the patient, would serve only to prolong the dying process where the patient has
a terminal illness or injury, or would serve only to maintain the patient in a condition
of permanent unconsciousness. These procedures shall include, but are not limited to, assisted
ventilation, cardiopulmonary resuscitation, renal dialysis, surgical procedures, blood transfusions,
and the administration of drugs and antibiotics. Life-sustaining treatment shall not include
the administration of medication or the performance of any medical treatment where, in the
opinion of the attending physician, the medication or...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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26-1A-102
event, the satisfaction of an ascertainable standard, or the passage of a specified period
only after the occurrence of the specified event, the satisfaction of the ascertainable standard,
or the passage of the specified period. The term does not include a power exercisable in a
fiduciary capacity or only by will. (9) "Principal" means an individual who grants
authority to an agent in a power of attorney. (10) "Property" means anything that
may be the subject of ownership, whether real or personal, or legal or equitable, or
any interest or right therein. (11) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form. (12) "Sign" means, with present intent to authenticate or adopt
a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate
with the record an electronic sound, symbol, or process. (13) "State" means a state
of the United States, the...
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22-19-161
assistant by the State Board of Medical Examiners to remove or process a part. (35) "Technician"
means an individual determined to be qualified to remove or process parts by an appropriate
organization that is licensed, accredited, or regulated under federal or state law. The term
includes an enucleator. (36) "Tissue" means a portion of the human body other than
an organ or an eye. The term does not include blood unless the blood is donated for the purpose
of research or education. (37) "Tissue bank" means a person that is licensed, accredited,
or regulated under federal or state law to engage in the recovery, screening, testing, processing,
storage, or distribution of tissue. (38) "Transplant hospital" means a hospital
that furnishes organ transplants and other medical and surgical specialty services required
for the care of transplant patients. (39) "Will" means a disposition of real and
personal property to take effect after the death of a testator. (Act 2008-453, p. 867,
§1.)...
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26-1A-114
granted by the principal or that engages another person on behalf of the principal is not liable
for an act, error of judgment, or default of that person if the agent exercises care, competence,
and diligence in selecting and monitoring the person. (h) Except as otherwise provided in
the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions
conducted on behalf of the principal unless ordered by a court or requested by the principal,
a guardian, a conservator, another fiduciary acting for the principal, a governmental agency
having authority to protect the welfare of the principal, or, upon the death of the principal,
by the personal representative or successor in interest of the principal's estate.
If so requested, within 30 days the agent shall comply with the request or provide a writing
or other record substantiating why additional time is needed and shall comply with the request
within an additional 30 days. (Act 2011-683, p. 2015, §1.)...
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26-1A-213
Section 26-1A-213 Personal and family maintenance. (a) Unless the power of attorney
otherwise provides, language in a power of attorney granting general authority with respect
to personal and family maintenance authorizes the agent to: (1) perform the acts necessary
to maintain the customary standard of living of the principal, the principal's spouse, and
the following individuals, whether living when the power of attorney is executed or later
born: (A) the principal's children; (B) other individuals legally entitled to be supported
by the principal; and (C) the individuals whom the principal has customarily supported or
indicated the intent to support; (2) make periodic payments of child support and other family
maintenance required by a court or governmental agency or an agreement to which the principal
is a party; (3) provide living quarters for the individuals described in paragraph (1) by:
(A) purchase, lease, or other contract; or (B) paying the operating costs, including...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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