Current through Register Vol. 43, No. 02, November 27, 2024
(1)
Deciding about your health
care.
(b) If you are 19 or older, the
law says you have the right to decide about your medical care.
(c) If you are very sick or badly hurt, you
may not be able to say what medical care you want.
(d) If you have an advance directive, your
doctor and family will know what medical care you want if you are too sick or
hurt to talk or make decisions.
(2)
What is an advance
directive?
(a) An advance directive is
used to tell your doctor and family what kind of medical care you want if you
are too sick or hurt to talk or make decisions. If you do not have one, certain
members of your family will have to decide on your care.
(b) You must be at least 19 years old to set
up an advance directive. You must be able to think clearly and make decisions
for yourself when you set it up. You do not need a lawyer to set one up, but
you may want to talk with a lawyer before you take this important step. Whether
or not you have an advance directive, you have the same right to get the care
you need.
(3)
Types of advance directives.
(a)
In Alabama you can set up an Advance Directive for Health Care. The choices you
have include:
(b) A living will is
used to write down ahead of time what kind of care you do or do not want if you
are too sick to speak for yourself.
(c) A proxy can be part of a living will. You
can pick a proxy to speak for you and make the choices you would make if you
could. If you pick a proxy, you should talk to that person ahead of time. Be
sure that your proxy knows how you feel about different kinds of medical
treatments.
(d) Another way to pick
a proxy is to sign a durable power of attorney for health care. The person you
pick does not need to be a lawyer.
(e) You can choose to have any or all of
these three advance directives: Living will, proxy and/or durable power of
attorney for health care.
(f)
Hospitals, home health agencies, hospices and nursing homes usually have forms
you can fill out if you want to set up a living will, pick a proxy or set up a
durable power of attorney for health care. If you have questions, you should
ask your own lawyer or call the Department of Senior Services for
help.
(4)
When you
set up an advance directive.
(a) Be
sure and sign your name and write the date on any form or paper you fill out.
Talk to your family and doctor now so they will know and understand your
choices. Give them a copy of what you have signed. If you go to the hospital,
give a copy of your advance directive to the person who admits you to the
hospital.
(5)
What
do I need to decide?
(a) You will need
to decide if you want treatments or machines that will make you live longer
even if you will never get better. An example of this is a machine that
breathes for you.
(b) Some people
do not want machines or treatments if they cannot get better. They may want
food and water through a tube or pain medicine. With an advance directive, you
decide what medical care you want.
(6)
Talk to your doctor and family
now.
(a) The law says doctors,
hospitals and nursing homes must do what you want or send you to another place
that will. Before you set up an advance directive, talk to your doctor ahead of
time. Find out if your doctor is willing to go along with your wishes. If your
doctor does not feel he or she can carry out your wishes, you can ask to go to
another doctor, hospital or nursing home.
(b) Once you decide on the care you want or
do not want, talk to your family. Explain why you want the care you have
decided on. Find out if they are willing to let your wishes be carried
out.
(c) Family members do not
always want to go along with an advance directive. This often happens when
family members do not know about a patient's wishes ahead of time or if they
are not sure about what has been decided. Talking with your family ahead of
time can prevent this problem.
(7)
You can change your mind any
time.
(a) As long as you can speak for
yourself, you can change your mind any time about what you have written down.
If you make changes, tear up your old papers and give copies of any new forms
or changes to everyone who needs to know.
(8)
For help or more
information:
(a) Alabama Department of
Senior Services 1-800-243-5463
For Alabama law and sample advance directive
form:
The "Natural Death Act" of Alabama, Chapter 8A of Title 22 of
the
Code of Ala. 1975.
Author: Stephanie Lindsey, Administrator,
Administrative Procedures Officer
Statutory Authority: State Plan
§§4.13(e), Code of Ala. 1975, §
41-22-1 et seq.; Alabama Medicaid
Agency Administrative Code;
42 U.S.C. §§
1396a(a)(58),
1396a(w).