Alabama Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Alabama who cannot decide: an agent, a guardian, or Alabama's default surrogate order. Runs in your browser; nothing is stored.

Alabama law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Alabama

  1. With no agent and no guardian, this state's default surrogate law applies only to some decisions or settings (see the scope below). Outside that scope, someone may need a court appointment.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Alabama's default surrogate order

  1. Court-appointed guardian whose appointment specifically covers life-sustaining treatment decisions (Only if the court order specifically authorizes these decisions)
  2. Spouse (Not if legally separated or a party to a divorce proceeding)
  3. An adult child
  4. One of the parents
  5. An adult sibling
  6. Any one surviving adult relative of the next closest degree of kinship
  7. The primary treating physician plus the facility's ethics committee, acting unanimously (Only if no relative is known or can be found after reasonable inquiry)
What it covers
A surrogate may decide only whether to provide, withhold or withdraw life-sustaining treatment or tube feeding, and only after two physicians certify a terminal illness or permanent unconsciousness.
If more than one person is in the same group
There is no majority rule. The surrogate must certify that each class equal to or higher than them has consented or not objected.
If nobody on the list is available
With no relatives, a unanimous committee of the treating physician and the facility ethics committee decides, and the facility must notify the Department of Human Resources.
Who decides the person cannot decide
The attending physician must find the patient can no longer direct treatment with no hope of regaining that ability, and two physicians must certify a terminal or permanently unconscious condition.
Limits
  • Stopping tube feeding for a permanently unconscious patient needs clear and convincing evidence of what the patient wanted.
  • The surrogate signs a certification form before two witnesses age 19 or older.
  • Knowingly certifying false material information is a Class C felony.
  • A relative or caregiver who disputes the surrogate can ask the circuit court for declaratory and injunctive relief.

Source: Ala. Code 22-8A-11 · Checked October 26, 2026

Next steps

Who decides in Alabama without a power of attorney?

Alabama's default surrogate law (Ala. Code 22-8A-11) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if legally separated or a party to a divorce proceeding).

Alabama's default surrogate law in full

Alabama's default surrogate order

  1. Court-appointed guardian whose appointment specifically covers life-sustaining treatment decisions (Only if the court order specifically authorizes these decisions)
  2. Spouse (Not if legally separated or a party to a divorce proceeding)
  3. An adult child
  4. One of the parents
  5. An adult sibling
  6. Any one surviving adult relative of the next closest degree of kinship
  7. The primary treating physician plus the facility's ethics committee, acting unanimously (Only if no relative is known or can be found after reasonable inquiry)
What it covers
A surrogate may decide only whether to provide, withhold or withdraw life-sustaining treatment or tube feeding, and only after two physicians certify a terminal illness or permanent unconsciousness.
If more than one person is in the same group
There is no majority rule. The surrogate must certify that each class equal to or higher than them has consented or not objected.
If nobody on the list is available
With no relatives, a unanimous committee of the treating physician and the facility ethics committee decides, and the facility must notify the Department of Human Resources.
Who decides the person cannot decide
The attending physician must find the patient can no longer direct treatment with no hope of regaining that ability, and two physicians must certify a terminal or permanently unconscious condition.
Limits
  • Stopping tube feeding for a permanently unconscious patient needs clear and convincing evidence of what the patient wanted.
  • The surrogate signs a certification form before two witnesses age 19 or older.
  • Knowingly certifying false material information is a Class C felony.
  • A relative or caregiver who disputes the surrogate can ask the circuit court for declaratory and injunctive relief.

Source: Ala. Code 22-8A-11 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Alabama if there is no power of attorney?

Alabama's default surrogate law (Ala. Code 22-8A-11) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if legally separated or a party to a divorce proceeding). The full order, tie rule and limits are in Ala. Code 22-8A-11.

Does next of kin in Alabama have authority over money?

No default surrogate law covers money. In Alabama, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Alabama law checked against the official text on October 26, 2026.

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