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22-8A-5
Section 22-8A-5 Revocation of advance directive for health care. (a) An advance directive for
health care may be revoked at any time by the declarant by any of the following methods: (1)
By being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating
intention to cancel; (2) By a written revocation of the advance directive for health care
signed and dated by the declarant or person acting at the direction of the declarant; or (3)
By a verbal expression of the intent to revoke the advance directive for health care in the
presence of a witness 19 years of age or older who signs and dates a writing confirming that
such expression of intent was made. Any verbal revocation shall become effective upon receipt
by the attending physician or health care provider of the above mentioned writing. The attending
physician or health care provider shall record in the patient's medical record the time, date
and place of when he or she received notification of the revocation....
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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26-1A-404
Section 26-1A-404 Health care powers of attorney executed on or after January 1, 2012. (a)
This section applies to a power of attorney for health care decisions executed on or after
January 1, 2012. (b) A durable power of attorney is a power of attorney by which a principal
designates another his or her attorney in fact or agent in writing and the writing contains
the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (c)(1) A principal may
designate under a durable power of attorney an individual who shall be empowered to make health
care decisions on behalf of the principal, in the manner set forth in the Natural Death Act,...
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22-8A-4
Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy. (a) Any
competent adult may execute a living will directing the providing, withholding, or withdrawal
of life-sustaining treatment and artificially provided nutrition and hydration. Artificially
provided nutrition and hydration shall not be withdrawn or withheld pursuant to the living
will unless specifically authorized therein. (b) A competent adult may execute at any time
a living will that includes a written health care proxy designation appointing another competent
adult to make decisions regarding the providing, withholding, or withdrawal of life-sustaining
treatment and artificially provided nutrition and hydration. Artificially provided nutrition
and hydration shall not be withdrawn or withheld pursuant to the proxy designation unless
specifically authorized therein. A proxy designation made pursuant to this section shall be
accepted in writing by the individual being appointed. The acceptance...
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22-8A-3
Section 22-8A-3 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. Any person
19 years of age or over. (2) ARTIFICIALLY PROVIDED NUTRITION AND HYDRATION. A medical treatment
consisting of the administration of food and water through a tube or intravenous line, where
the recipient is not required to chew or swallow voluntarily. Artificially provided nutrition
and hydration does not include assisted feeding, such as spoon or bottle feeding. (3) ADVANCE
DIRECTIVE FOR HEALTH CARE. A writing executed in accordance with Section 22-8A-4 which may
include a living will, the appointment of a health care proxy, or both such living will and
appointment of a health care proxy. (4) ATTENDING PHYSICIAN. The physician selected by, or
assigned to, the patient who has primary responsibility for the treatment and care of the
patient. (5) CARDIOPULMONARY CESSATION. A lack of pulse or...
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22-8A-14
Section 22-8A-14 Filing and recording of living will; fee; inspection; duty of declarant to
provide copy to health care providers. (a) A person may file and have recorded a living will
in the office of the judge of probate in the county where the person resides. For the purpose
of this section, the term "living will" means an advanced directive for health care
as provided for in this chapter, or a similar document. (b) The fee for recording a living
will shall be five dollars ($5), which shall be deposited in the county general fund. In addition,
any other recording fees required by general or local law shall also be collected and shall
be distributed as provided by that law. (c)(1) A living will recorded pursuant to this section
shall not be open for general public inspection, but shall be available for inspection and
copying at the request of emergency medical personnel, hospital personnel, treating physicians,
members of the immediate family, a person with a power of attorney or...
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22-8A-8
Section 22-8A-8 Refusal of health care provider to comply; penalties. (a) A health care provider
who refuses to comply with a living will or the directions of a duly designated proxy or a
duly appointed surrogate or who refuses to honor a portable physician DNAR order executed
in compliance with the directives of this chapter and using the form designated by the State
Board of Health pursuant to this chapter shall promptly so advise the declarant and any individual
designated to act for the declarant, shall not be liable for such refusal, but shall permit
the patient to be transferred to another health care provider. Such health care provider shall
reasonably cooperate to assist the declarant, or any individual designated to act for the
declarant, in the timely transfer of the declarant to another health care provider that will
follow the directions of the portable physician DNAR order, living will, health care proxy,
or surrogate. During the time for the transfer, all life-sustaining...
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22-19-180
Section 22-19-180 Effect of anatomical gift on advance health care directive. (a) In this section:
(1) "Advance health care directive" means a power of attorney for health care or
a record signed or authorized by a prospective donor containing the prospective donor's direction
concerning a health care decision for the prospective donor. (2) "Declaration" means
a record signed by a prospective donor specifying the circumstances under which a life support
system may be withheld or withdrawn from the prospective donor. (3) "Health care decision"
means any decision regarding the health care of the prospective donor. (b) If a prospective
donor has a declaration or advance health care directive, and the terms of the declaration
or directive and the express or implied terms of a potential anatomical gift are in conflict
with regard to the administration of measures necessary to ensure the medical suitability
of a part for transplantation or therapy the prospective donor's attending physician...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-19-180.htm - 2K - Match Info - Similar pages
22-8A-11
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient
followed; persons who may serve as surrogate; priority; validity of decisions; liability;
form; declaratory and injunctive relief; penalties. (a) If no advance directive for health
care has been made, or if no duly appointed health care proxy is reasonably available, or
if a valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to provide,
withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration
if all of the following conditions are met: (1) The attending physician determines, to a reasonable
degree of medical certainty, that: a. The individual is no longer able to understand, appreciate,
and direct his or her medical treatment, and b. The individual...
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22-8A-7
Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc.
(a) A competent adult may make decisions regarding life-sustaining treatment and artificially
provided nutrition and hydration so long as that individual is able to do so. The desires
of an individual shall at all times supersede the effect of an advance directive for health
care. (b) If the individual is not competent at the time of the decision to provide, withhold,
or withdraw life-sustaining treatment or artificially provided nutrition and hydration, a
living will executed in accordance with Section 22-8A-4(a) or a proxy designation executed
in accordance with Section 22-8A-4(b) is presumed to be valid. For the purpose of this chapter,
a health care provider may presume in the absence of actual notice to the contrary that an
individual who executed an advance directive for health care was competent when it was executed.
The fact of an individual's having executed an advance directive for...
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