An Alabama durable power of attorney form is a legal document that lets you name someone to make financial decisions for you if you cannot do so yourself. The person on whose behalf the decision is made is called the “principal,” and the person who agrees to act is called the “agent.”
The term “durable” on the power of attorney form means that the document remains valid in case the principal becomes incapacitated.
The most common durable power of attorney forms in Alabama are the financial POA, used for financial and business matters, and a health care POA, used for medical decisions and usually incorporated in a larger document called Advance Directive for Health Care.
Laws
In Alabama, all power of attorney forms are durable by default unless it’s specified that the form becomes invalid if the principal becomes incapacitated.
- Statute: Title 26, Chapter 1A (Alabama Uniform Power of Attorney Act), §26-1A-105 (execution requirements).
- Presumed Durable: Yes — durability presumed (§ 26-1A-104).
- Signing Requirements: A signature is required. No witnesses are required.
- Notarization: In Alabama, the signature is presumed genuine if acknowledged before a notary public.
- Statutory Form: Yes (§ 26-1A-301).
