Does an Alabama Advance Directive Need a Notary?

The short answer: no, a standard Alabama Advance Directive for Health Care does not need a notary. But the longer answer catches people — because one closely related document does require notarization, and confusing the two can leave a critical gap in your planning.

The Advance Directive: Witnesses Only

Under the Alabama Natural Death Act (§ 22-8A-4), a valid Advance Directive for Health Care requires only two qualified adult witnesses who are at least 19 years old and free from the statutory disqualifications (not your proxy, not related to you, not an estate beneficiary, not financially responsible for your care).

No notary. No attorney. No court filing. The signatures of two qualified witnesses make the document legally binding for all medical decisions — including life-sustaining treatment and artificially provided nutrition and hydration.

The Surrogate Certification: Also No Notary (Since 2022)

The "Certification of Health Care Decision Surrogate" form (Appendix I) — used when someone becomes incapacitated without a proxy — historically required notarization. However, the Alabama State Board of Health passed an administrative amendment effective October 15, 2022, that eliminated the notary requirement. The surrogate certification now requires only two adult witnesses who are not the patient's healthcare provider or a non-relative employee of the provider.

If you are working with an older version of the surrogate form that still has a notary block, the notarization is no longer legally necessary — but it does not hurt to notarize anyway.

The Remains Disposition Affidavit: Notary Required

This is where the distinction matters. Under Alabama Code § 34-13-11 (the Alabama Designated Agent Law), an individual can execute an affidavit to appoint an adult as their "authorizing agent" to control the disposition of their remains — burial, cremation, location, and manner. This affidavit must be signed and sworn to before a notary public.

The standard advance directive form does not include remains disposition authority. Hospital and state agency PDFs address only medical decisions. So families who complete an advance directive and assume their burial and cremation wishes are covered often discover after death that no legally binding instructions exist for the funeral — which can result in disputes, delays, and even bodies held while family members fight over arrangements.

What Notarization Costs in Alabama

Under Alabama Act 2023-548 (effective September 1, 2023), a notary public may charge a maximum of $10 per notarial act. State, county, and municipal employees who are commissioned notaries are prohibited from charging any fee for notarial services performed as part of their public duties.

Places to find a notary in Alabama:

• Banks and credit unions — most branches have a notary on staff, often free for account holders
• UPS stores and shipping centers — typically charge the full $10 per act
• County courthouse — county employees who are notaries cannot charge you
• Public libraries — some Alabama libraries offer free notary services
• Your workplace HR department — many large employers have notaries on staff
• Mobile notary services — available for housebound individuals, though they may charge additional travel fees beyond the $10 statutory cap

The Financial Durable Power of Attorney: Also Needs a Notary

If your planning includes a Financial Durable Power of Attorney (Alabama Code § 26-1A-1 et seq.) — which grants someone authority over your bank accounts, investments, and property — this document also requires notarization to be effective at most financial institutions, even though the statute does not always mandate it. Banks and investment firms routinely refuse to accept un-notarized powers of attorney.

The Practical Recommendation

If you are sitting down to complete your advance care planning, schedule a notary appointment even though the advance directive itself does not require one. You will likely need notarization for the remains disposition affidavit and possibly for a financial power of attorney — and completing everything in one session avoids the common pattern of finishing the medical directive but never getting around to the documents that require a notary.

The Alabama Advance Directive & Living Will Kit clarifies exactly which documents in your planning packet need a notary and which need only witnesses, so you can prepare everything for a single signing session.

See more Alabama guides →