A living will is the document that speaks for you at the end of life — when you cannot speak for yourself and the decisions are the hardest ones a family ever faces. In Alabama it takes the form of an Advance Directive for Health Care, authorized by the Natural Death Act (Code of Alabama §22-8A-1 et seq.). If you’re looking for an Alabama advance directive attorney, Lattof Injury Law drafts and executes living wills from our office at The Wharf in Orange Beach — with flat fees and in-home signings across Baldwin and Mobile Counties. Call 251-432-6691 for a free consultation.

The living will is one of three documents that work together in a complete estate plan: your will speaks after your death, your durable power of attorney covers financial matters and the broad range of medical decision-making while you’re alive, and the living will governs one specific territory — end-of-life care.

What a Living Will Does

A living will lets you give specific instructions about end-of-life and life-sustaining medical treatment — for example, whether you want artificial nutrition and hydration, mechanical ventilation, CPR, or other interventions if you are in a terminal condition or permanent unconsciousness. Instead of leaving your family to guess (or argue about) what you would have wanted, the document states it, in defined scenarios, in your own words.

Alabama’s statutory advance directive form also allows you to name a health care proxy — a person authorized to make treatment decisions for you. At our firm, that day-to-day medical decision-making authority is usually built into your durable power of attorney instead, which covers situations like a stroke or a non-terminal coma where you can’t communicate but the question isn’t end-of-life care. The two documents are drafted together so they work in concert rather than in conflict: the POA covers the broad spectrum, and the living will controls the end-of-life decisions the POA does not reach.

Alabama’s Statutory Form

Alabama provides a statutory form for the Advance Directive for Health Care that satisfies the requirements of the Natural Death Act. We use this form as the baseline for most clients because it is widely recognized by Alabama hospitals and physicians, and we modify it as needed to reflect your specific instructions.

The directive must be signed by you in the presence of two adult witnesses — neither of whom may be your named proxy, an heir, or someone responsible for your medical care. We handle the witnessing at our office or at an in-home signing.

DNR / DNAR Orders Are a Separate Document

What most people call a DNR — “Do Not Resuscitate” — is called a DNAR order in Alabama law: “Do Not Attempt Resuscitation” (Code of Alabama §22-8A-3). The version that travels with you is the Portable Physician DNAR Order, entered on a form designated by the State Board of Health. Either way, it is a physician’s order, not a patient document — it takes effect when completed and signed by the physician, with the patient’s or proxy’s consent documented on the form, and it is the medical order EMS and hospital staff act on. The living will works differently: it expresses your wishes in advance. Many clients have both. Your physician handles the DNAR order; we handle the living will.

HIPAA Authorization

HIPAA — the federal medical privacy law — restricts who can see your medical records. Without a HIPAA authorization, even your spouse may be denied information about your treatment. We can include a HIPAA authorization with your estate planning package so the people you trust can access the information needed to make informed decisions on your behalf.

Choosing Who Speaks for You

Whether the authority sits in your POA, your advance directive, or both, pick someone who knows you, can be reached quickly, and is willing to advocate for your wishes — even when those wishes are unpopular with other family members. The person you name will likely face hard decisions in stressful settings, often at 2 AM. The right choice is not always the closest family member; it’s the family member or friend best equipped to follow through. And name a backup — primary decision-makers travel, get sick, and sometimes can’t be reached.

Why Everyone Needs a Living Will

Without one, end-of-life decisions fall to default decision-makers under Alabama law and to your physicians. Family members can disagree, and disagreements can delay treatment or end up in court — at the worst possible moment in a family’s life. A living will resolves all of this in advance, the way you wanted. Hospitals will ask whether you have one at admission; the right time to have one is before you need it.

Process and Cost

Living wills are typically drafted as part of an estate planning package with a will and durable POA. Flat fees are quoted at the consultation, and standalone living wills are also available.

Talk to an Alabama Advance Directive Attorney – Free Consultation

Whether you need a living will for yourself, are helping a parent or older relative, or are updating an old document, the first consultation is free. Call 251-432-6691 or use our contact form.

Lattof Injury Law — 4593 Main Street, Suite C-204, Orange Beach, AL 36561 (The Wharf). Phone: 251-432-6691.