The Alabama durable power of attorney is a legal document that allows an individual, known as the principal, to appoint another person, called the agent or attorney-in-fact, to manage their financial affairs. This arrangement remains effective even if the principal becomes incapacitated or unable to make decisions independently.
The scope of authority granted under a durable power of attorney for finances can be broad or specific, depending on the principal’s preferences. It typically includes powers to handle banking, real estate transactions, tax matters, and investment decisions. The principal can specify whether the powers become effective immediately or only upon the occurrence of a future event, typically the principal’s incapacity as certified by a medical professional.
This document doesn’t allow an agent to make medical decisions; consider other Alabama POA forms for end-of-life care.
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The laws governing the execution of a durable POA are stipulated under the Alabama Uniform Power of Attorney Act, particularly detailed in Sections 26-1A-105 and 26-1A-107 of the Alabama Code. These sections outline specific requirements for signing and validating a power of attorney to ensure its legal enforceability. The document’s durable nature allows it to remain effective even if the principal becomes incapacitated.
To legally execute a durable power of attorney in Alabama, the principal must comply with the following requirements:
A notary public must notarize the document. This notarization affirms that the principal’s identity has been verified, that they are signing of their own volition, and that they appear to be of sound mind.
According to Section 26-1A-110, a durable power of attorney terminates when the principal dies, becomes incapacitated (if not durable), revokes the power of attorney, or if specific conditions outlined in the document or by law occur. The principal can revoke the document at any time.
| Document Name | Alabama Durable Power of Attorney Form |
| Other Names | Alabama Financial Durable Power of Attorney, AL DPOA |
| Relevant Laws | Alabama Code, Section 26-1A-105 |
| Signing Requirements | Notary Public |
| Avg. Time to Fill Out | 10 minutes |
| # of Fillable Fields | 37 |
| Available Formats | Adobe PDF |
Popular Local Durable POA Forms
Durable POA documents are used in each and every state. Take a look at other popular DPOA forms frequently filled out by Americans.
Filling out the Alabama durable power of attorney ensures that your chosen agent has the legal authority to manage your financial affairs. Below are detailed instructions on completing this form to ensure it meets the legal requirements of the state of Alabama.
First, fill in your name and address as the principal. Then, enter the name and address of the person you appoint as your agent.
You have the option to grant broad or specific powers to your agent. If you want to grant all powers, initial the line in front of “(N) ALL OF THE POWERS LISTED ABOVE.” If you prefer to grant only specific powers, initial the lines before each power you wish to grant, such as real property transactions, banking transactions, or tax matters.
In the “Special Instructions” section, you can specify any additional powers or limitations. For example, you might include specific instructions regarding digital assets or medical reimbursements. Be clear and precise in your instructions to avoid any misunderstandings.
You must indicate when the power of attorney becomes effective by initialing one of the provided choices:
You need to sign and date the document in the presence of two adult witnesses and a notary public. The witnesses must not be the appointed agent, related to the agent, or entitled to any part of your estate.
The acknowledgment section must be completed by a notary public. The notary will verify your identity and ensure that you sign the document voluntarily and competently.
Section 26-1A-110 of the Alabama Code outlines that the principal can revoke the durable power of attorney at any time, provided the revocation is executed following legal formalities and delivered to all relevant parties.
If you wish to appoint a successor agent if your primary agent is unable or unwilling to serve, fill in the name and address of the successor agent in the provided section.
Ensure that all sections are completed accurately. Make copies of the signed document and provide them to your agent, any successor agent, and relevant financial institutions. Keep the original document safe so that it can be easily accessed if needed.
