What Is an Alabama Power of Attorney?
An Alabama power of attorney (POA) is a legal agreement in which a person lets another party act on their behalf. As the principal, you fill out the document to let an agent or attorney-in-fact complete tasks for you. You can let the agent act for you in medical, financial, or legal events, depending on your needs.
Legal Templates’ free Alabama power of attorney template includes state-specific considerations. Create a legally compliant form to protect your wishes.
Types of Powers of Attorney in Alabama
Power of attorney documents come in many specific types. Consider your document’s duration, limitations, and purpose to determine the correct power of attorney form for your situation.
Durable vs. Non-Durable POAs
A power of attorney operates as a durable or non-durable agreement. In an Alabama durable power of attorney arrangement, the terms remain in effect even after the principal becomes incapacitated.
In a non-durable power of attorney, the principal’s incapacitation nullifies the POA. Under AL Code § 26-1A-104, the state of Alabama deems all power of attorney documents as durable unless otherwise specified. Regardless of whether the agreement is durable or non-durable, most POA agreements end at the time of the principal’s death.
Medical POA
A medical power of attorney in Alabama grants the agent the power to request or refuse treatments. Common authority given to an agent in a medical POA can be found in AL Code § 26-1A-404, including:
- accessing medical records
- speaking with doctors or health care professionals
- consenting to care, procedures, or medications
Financial POA
A financial POA allows the agent to handle financial matters on behalf of the principal. The powers provided to an agent in an Alabama financial power of attorney include:
- handling bank accounts
- performing real estate transactions
- filing taxes
- adjusting insurance plans
Durable (Financial)
Unlike a non-durable one, it stays valid even if the principal later becomes incompetent.
Signing Requirements: Notary public, witnesses recommended but not required.
Medical
Gives caregivers the legal right to approve certain medical care if you can’t decide for yourself.
Signing Requirements: Two witnesses who must be at least 19 years old.
Limited (Special)
Lets you grant a person limited powers for specific tasks, like signing papers on your behalf if you can’t be there. Terminates after the completion of the task.
Signing Requirements: Notary public.
Non-Durable (General)
If you wish for the powers transferred to expire should you become incapacitated, your document must state so explicitly.
Signing Requirements: Notary public.
Springing
This document contains a clause that means it “springs” into effect in certain situations, such as upon the principal becoming incapacitated.
Signing Requirements: Notary public.
Advance Directive for Health Care
Combines the elements of a living will and a medical POA. It enables you to appoint a trusted individual to exclusively manage your medical decisions related to life-sustaining care.
Signing Requirements: Two witnesses (§ 22-8A-4).
Vehicle (Form MVT 5-13)
The authority granted to an agent extends only to matters associated with the principal’s motor vehicles.
Signing Requirements: Notary public.
Real Estate
Allows an agent to handle the principal's real estate affairs.
Signing Requirements: Notary public.
Tax (Form 2848A)
Enables you to appoint an agent to manage specific tax matters.
Signing Requirements: Taxpayer and representative.
Minor (Child)
Grants temporary authority to an agent regarding health, support, or education of a minor child.
Signing Requirements: Notary public.
How to Write a Power of Attorney for Alabama
Writing an effective power of attorney for Alabama requires the correct information, formatting, and adherence to state laws. Establish the terms of your Alabama power of attorney with these steps:
- Identify all parties: Include the principal’s and agent’s names and contact information. Also include the information for any co-agents, as permitted by AL Code § 26-1A-111.
- Grant authority: Check off the types of authority you want to give to your agent. This includes general power for financial, medical, or legal actions and specific authority for decisions regarding certain trusts, survivorship, and beneficiaries. It is important to specifically limit the agent’s authority if you do not wish for them to have broad, general powers.
- Sign and notarize: Alabama requires the power of attorney to include the principal’s signature and the date. Typically, the state requires notarization or two witnesses with no interest or relation to the principal.
Our Alabama power of attorney form templates include all the state-specific requirements for a compliant agreement. Use our document builder for step-by-step guidance to specify your terms.
Alabama requires the principal, agent, and all witnesses to be at least 19 years old when signing a valid POA.
Legal Requirements and Considerations for Alabama POAs
The laws surrounding a power of attorney differ from state to state. Understanding the state-specific conditions helps you make a legally binding document. The following legal requirements and considerations ensure you can obtain a power of attorney for your needs.
Duration
In Alabama, § 26-1A-109 states that a durable POA form remains valid and in effect until the principal’s death, unless otherwise noted. If you want to appoint an agent for a short time or to fulfill a designated purpose, you can add a term stating the end of their authority. For example, you can appoint an agent to handle your financial decisions while away for military deployment or an extended trip, and end the agent’s authority when you return.
As mentioned, a non-durable POA stays in effect until the principal becomes incapacitated. A non-durable form may also include conditions to end the arrangement after meeting its designated purpose.
Revocation
When your POA has fulfilled its purpose, you can revoke the agreement to remove your agent’s ability to act on your behalf. You can cancel the terms of the agreement in a few different ways, such as:
- Providing a notice: In Alabama, revoking a POA requires a verbal or written notice of termination from the principal. A written notice may require notarization, and a verbal revocation warning must occur in the presence of a witness over the age of 19. The notice must actually be received by the agent in order to be effective.
- Getting a divorce or separation: In cases where the agent is a spouse, a divorce or legal separation ends the power of attorney. Unless specified in the terms of the agreement, a legal split revokes the granted authorities without notice.
Also note that creating a new POA contract does not end the previous agreement. If you wish to change the terms by creating a new form, make sure you also properly revoke the original contract.
Filing
In most cases, Alabama doesn’t require official filing for a POA. However, if your POA includes real estate transactions, you may be required to record the document with the county’s land records office where you hold real estate ownership.
Notarization
For most POA documents, AL Code § 26-1A-105 requires the notarization of the principal’s signature and date, or for there to be two witnesses to the signature. These witnesses must be disinterested parties who are not blood related or married to the principal.
