Mutual Wills containing Last Will and Testaments for Unmarried Persons living together with No Children
Note:Â This summary is not intended to be an all
inclusive discussion of the law of wills in Alabama, but does provide basic
and other information. This discussion does not include hand written
wills.
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE ALABAMA CODE
ADVANCE HEALTH CARE DIRECTIVE
Execution: This power of attorney must be in writing, signed by the principal, dated and witnesses by two witnesses. The Principal should sign the power of attorney in the presence of the witnesses.
Recording: This Power of Attorney need not be recorded to be valid in Alabama. Section 35-4-28.
General: The Principal must be 19 years of age or older. Section 22-8A-4 and 26-1-1.
Effective: This advance directive for health care shall become effective when: (1) the attending physician determines that the declarant is no longer able to understand, appreciate, and direct his or her medical treatment;and (2) two physicians, one of whom shall be the attending physician, and one of whom shall be qualified and experienced in making such diagnosis,have personally examined the declarant and have diagnosed and documented in the medical record that the declarant has either a terminal illness or injury or is in a state of permanent unconsciousness.
AL-P023 is a Statutory Form: This form is a Statutory form adopted by the legislature of Alabama. It is a Living Will and Health Care Proxy in one form. The advance directive for health care shall be substantially in the following provided, but in addition may include other specific directions. Should any specific directions be held to be invalid, the invalidity shall not affect other directions of the advance directive for health care which can be given effect without the invalid direction.
