An Alabama power of attorney revocation is a legal document used to terminate the authority granted to another person (the agent) under a previously signed power of attorney (POA). Individuals need to complete this form when they no longer wish their agent to act on their behalf. Proper revocation helps prevent any potential misuse of the granted powers after the termination decision has been made.
After signing, it’s crucial to distribute copies of the revocation to the agent, along with any banks, healthcare providers, or other entities who relied on the original POA. This notifies them that the previous authorization is no longer valid.
Legal Considerations
Statute – Title 26, Chapter 1A (Uniform Power of Attorney Act).
Definitions – § 26-1A-110.
Signing Requirements – § 26-1A-105 – Notary public.
Revocation and Termination
There are several ways a POA can be revoked:
- The principal can revoke the POA at any time.
- The POA automatically terminates upon the principal’s death, the agent’s death or incapacitation, or if a court appoints a fiduciary.
- The POA itself may specify its termination date or when its purpose is fulfilled.
- For verbal revocation, the intent to revoke the document must be expressed in the presence of a witness who is over 19 years old and who must sign and date a written document confirming the principal’s desire.
- To physically destroy the document, it should be obliterated in a manner that indicates the intention to cancel it.
- A written revocation document signed before a notary public is the most secure method.
Creating a new POA doesn’t automatically revoke a previous one unless the new document explicitly states it revokes all prior authorizations and identifies the agent and the original POA being revoked.
Fees
- Recording: If the original POA was recorded with the local County Probate Office, you may want to also record the revocation document there. Fees typically range from $20 to $50, but vary by county.
- Notary: Expect to pay a nominal fee (typically $5 to $10) for notarization of the revocation document.
Resources
- Alabama Legal Help – Powers of attorney.
- Alabama State Bar Association – Resources or guidance on finding an attorney who specializes in estate planning or elder law, who can assist with complex POA situations.
- National Endowment for Financial Education (NEFE) – Financial literacy resources for consumers on understanding POAs and financial decision-making.
- AARP – Information and resources for older adults and how they impact financial planning.
Related Forms
