An Alabama general power of attorney (GPOA) grants an individual, known as the “principal,” the ability to delegate financial authority to another person or entity, referred to as the “agent” or “attorney-in-fact.”
Under Alabama law, the principal can revoke a GPOA anytime if mentally competent. The authority this non-durable form grants ceases with the principal’s incapacitation or death. To ensure continued validity, opt for a durable power of attorney.
Authority (Ala. Code § 26-1A-201) – An agent may act on behalf of the principal and exercise significant authority, with limitations on specific actions unless expressly stated in the document. Moreover, actions executed by the agent are legally binding on the principal and their successors as if performed by the principal.
Signing Requirements (Ala. Code § 26-1A-105) – A notary public must acknowledge the principal’s signature or the signature of another individual acting on the principal’s direction in their presence.
Presumption of Durability (Ala. Code § 26-1A-104) – Yes, in Alabama, a power of attorney is considered durable by default. This means that unless the document explicitly states otherwise, it is presumed to remain effective even if the principal becomes incapacitated.