An Alabama Power of Attorney is a legal document giving someone the right to make decisions for another person.
These decisions may be financial, medical, or family-based. Many types of power of attorney forms can be used, and they can be tailored to suit your specific circumstances and for a more extended time.
There are several reasons to have an Alabama power of attorney. First, anyone over the age of 18 should think about getting one in case of emergencies. For example, if the principal requires financial assistance, they may appoint a representative (also known as the agent). They may be appointed for the short or the long term. If the principal sees a medical need, they can appoint someone to take care of their medical decisions if necessary. Also, if they choose to live abroad or have any circumstances that may incapacitate them, such as declining health, a power of attorney is incredibly helpful.
This document, in short, is used to make sure that an agent can take thoughtful actions for the benefit of the principal who is not able to. This article will cover all types of power of attorney available and pertinent laws and procedures in Alabama.
Types of Power of Attorney
An Alabama power of attorney is not a specific term. Many forms can be used to make specific decisions for the appointed agent. This is to protect all parties involved in the process. The agent cannot assume all life decisions in every circumstance. Instead, they can only make the specifically authorized decisions in a power of attorney.
This article will cover the ten most commonly used power of attorney forms in Alabama. This article can also find the supporting laws and statutes describing them.
Following enlisted are the types of power of attorney most commonly used:
Advance Directive
An advance directive is a power of attorney form used to protect the principal’s wishes in case of medical emergencies. This legal document will describe how the person would like to be treated if they cannot speak or make a decision for themselves. § 22-8A-4 contains all of the necessary information.
This document will provide details about medical treatment and give authority to an agent to sign it. For example, if the principal is terminally ill, they may choose to specify their life-sustaining preferences. Within the document, they can mark “yes” or “no” to whether or not they would like to receive these treatments, and the agent must abide by their decisions.
The agent can make medical decisions and also obtain medical records. In addition, they can authorize or deny specific pain management measures. These advance directives can also be customized to suit the principal’s needs and preferences.
An attorney must sign the form as it is a legal document. Two witnesses who are older than 19 are required to sign the document. They cannot be a doctor, a healthcare worker, or any person related by blood or marriage, or entitled to the principal’s estate, as described in § 22-8A-4(c)(4).
Download: Microsoft Word (.docx)
Durable (Statutory) Power of Attorney
Alabama durable power of attorney means that the principal can still have financial decisions made for them even if they are incapacitated. This type of POA is a legal document signed before any event that renders the principal to make financial decisions. For this reason, the document should be entrusted to someone who is a close family member or friend. The laws are outlined in Title 26, Chapter 1A (Alabama Uniform Power of Attorney).
Durable in Alabama refers to the fact a power of attorney does not end when the individual becomes incapacitated. This is mentioned in § 26-1A-102(2). This document is beneficial as it allows the agent to take over financial decisions immediately to avoid conservatorship proceedings. In addition, § 26-1A-301 contains the statutory form of power of attorney.
A notary must be present to sign this type of power-of-agent. To facilitate further proceedings, the agent can sign the Agent Certification form. All of the signing requirements are located at § 26-1A-105, § 26-1A-302.
Download: Microsoft Word (.docx)
General (Financial) Powers of Attorney
The financial power of attorney in Alabama, also known as the general power of attorney, allows an agent to make financial decisions on behalf of the principal. While the agent can take authorized actions for the principal, this power of attorney is different from the durable power because it automatically becomes invalid if the principal becomes incapacitated (see: Chapter 1A – ALABAMA UNIFORM POWER OF ATTORNEY).
The agent has access to the principal’s bank and central finances, but only for a short time. This types of power of attorney generally specify a date for authority’s beginning and ending.
This power of attorney document, like many others, requires that a notary public be present at the signing, as seen in Ala.Code 1975 § 26-1A-105.
Download: Microsoft Word (.docx)
Limited Power of Attorney
An Alabama limited power of attorney is a legal document that permits an agent to act for the principal for a clearly defined purpose. The agent, in this instance, does not have the same power as in other power of attorneys. Only specific marked actions are available to the agent. The authority to undertake these decisions is described in Ala.Code 1975 § 26-1A-201.
Although this document is less detailed, it should be written with precise language to avoid any possible misinterpretation. For example, the principal might grant power of attorney to an agent to sell their property. In this case, the document should contain all details regarding the sale.
This specific power of attorney, like many other legal documents, must be signed by a notary public, as mentioned in Ala.Code 1975 § 26-1A-105.
Download: Microsoft Word (.docx)
Minor (Children) Power of Attorney
The Alabama parental POA is another name for a minor power of attorney. If the child cannot make decisions for themselves, the agent can grant them the power to make the parental decisions. This power of attorney can be granted to a relative or close friend in most cases. The choice to enact an Alabama parent power of attorney form must be recorded in a probate Judge’s office, typically incurring a cost of $10.
The time limitations of this form are more restrictive. This form is valid for 12 months, as stated in § 26-2A-7. It also stipulates that the agent can make any decisions a guardian can make, except for any actions regarding marriage or adoption.
This is one of the simplest POA forms to fill out. It should include the name of the guardian and the children’s names. It should be signed and notarized, just like all the other specific forms.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A real estate power of attorney is a document that allows an agent to act on behalf of the person in real estate matters. The agent must be qualified to handle these transactions. This power of attorney can purchase, sell, or refinance real estate property. Section 26-1A-204 contains the relevant statutes.
Special instructions are required to clarify the agent’s authority to validate a power of attorney. You should include the address where the real estate sale took place and any other relevant information.
Due to the large-scale financial implications, a power of attorney must be notarized upon signing. These signing requirements can be found at § 26-1A-105
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
This is a legal document called the Alabama power of attorney revocation form. It allows an individual to terminate any POAs. Any power can be revoked as long as the person can do so in a sound mind. They also regain complete control over their finances and medical decisions. § 26-1A-110 contains the laws regarding the revocation process.
The key to the revocation letter is that the principal must notify all parties about the termination of the original power of attorney. This includes the agent and all financial or medical institutions connected to the document’s powers. This document must be notarized at the time of signing to ensure smooth proceedings if a third party challenges the authority.
Download: Microsoft Word (.docx)
Tax Power of Attorney (2848A)
Tax power of attorney is a specialized financial POA that allows an agent to manage all tax responsibilities in Alabama. It is a standard document signed by the principal and filed by the tax preparer.
Agents are allowed to file taxes and receive tax information. A qualified tax professional or attorney usually handles this, and the principal should be aware that they still bear all tax responsibilities, not the agent. The authority granted should be clearly stated in the document. It should also indicate whether the agent has permission to receive or disclose tax information. There are no notary requirements for this specific power of attorney.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (MVT 5-13).
A vehicle power of attorney allows you to designate an agent to handle any paperwork related to your vehicle. This includes the transfer of title, registration, fees, and any liens placed on the vehicle.
Checklist-style would be suitable to complete this form. It will indicate the specific powers granted to the agent at signing. To make the vehicle power of attorney legally binding, it must be signed before an Alabama notary public and presented at the Office of Motor Vehicles.
Download: Microsoft Word (.docx)
Medical Durable Power of Attorney
An Alabama durable medical power is a document that allows an agent to make your wishes known regarding your healthcare. This power of attorney applies when the principal becomes incapacitated or is unable to make their own decisions. The difference between a medical power of attorney and an advance directive is that with a medical POA, the agent will make the decisions for you, rather than you explicitly stating the specific treatments within the document.
A medical power of attorney can include many modifications. It is important to specify any requests you would like your agent to make and inform the trusted agent of any emotionally difficult decisions you would want them to take on your behalf. For example, you can specify whether you would like your agent to take the sign-off on life support, palliative care, or even organ donation.
This durable power of attorney is valid as long as the person is incapacitated. However, it expires at death or on an explicitly stated expiration date.
As with any other power of attorney, a notary public must be present at the signing. Otherwise, it could be invalidated, and family members may need to proceed to a costly conservatorship proceeding. The signing requirements are specified in § 26-1A-105.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing power of attorney is a particular type of form. The effects of the form are not granted immediately upon signing, however. Instead, the powers in the document are only transferred when a pre-determined event occurs. This specified event is usually medically-induced incapacitation of some sort.
A springing power can be used to any of these POAs. In addition, this form’s springing ability is advantageous to transfer significant powers to someone you trust if an unfortunate event is about to occur.
Download: Microsoft Word (.docx)
Governing Laws
The laws governing a durable power of attorney are found in Alabama Code Section 26-1-2. This code is broken down into several parts.
The agent’s power is described along with the authority granted to them to provide or withhold treatments while acting within good faith. For a durable power of attorney, the agent remains in power, even in the event of the principal’s incapacitation.
The power of attorney form must use particular language laid out within the law. For example, the POA must state: “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal.”
The durable POA can be revoked by having the principal sign and date in a written document designating the intent. Likewise, if the principal chooses to deface or destroy the original POA in any way, that is also interpreted as a revocation of its authority.
All other durable health care directives from other states are also valid within Alabama. However, the State of Alabama will not recognize the administration or prevention of prohibited services in-state.
Finally, physicians and health care providers cannot be charged with any civil or criminal liability when relying on the good faith of an agent.
Alabama POA Requirements
Although an Alabama POA document is valid, it must meet several requirements to be legally binding. A conservatorship court proceeding will be necessary if these requirements are not met. This can be costly and time-consuming. The requirements for the form may be found in Chapter 26, Title 1A of the Code of Alabama.
Alabama law requires all power of attorney to be very specific. It should clearly state who is granted authority and what it is. After signing, the document should be validated by a notary public in most cases.
Each power of attorney should be customized to give specific powers to the agent. For example, a financial power of attorney does not grant the agent authority to make all financial transactions. In addition, the form must specify whether the principal wishes the agent to change beneficiaries or trusts.
The date should also be included along with the date at which the agreement was signed. It also needs to include a date acknowledging when the powers were in effect.
Free Forms
How to Get Power of Attorney in Alabama?
Alabama powers of attorney can only be obtained if both the agent and the principal are present. Therefore, it is a good idea to have a lawyer review the details of the form to ensure that it is sound.
If a POA is not signed before the principal becomes incapacitated, a court proceeding must be held to determine if a conservatorship is necessary. In these cases, the court will make the final determination about who gets a power of attorney.
Frequently Asked Questions
In most cases, the Alabama power of attorney is a simple document to complete and hiring an attorney can be an expensive endeavor. However, if you have a complicated situation or need advice, it may be wise to consider working with a legal professional.
Typically, meeting and hiring an attorney to draw up an Alabama power of attorney costs between $200-$500. However, this can vary depending on the needs of the form and the location.
It’s crucial that your agent and any relevant financial institutions receive a copy of the final power of attorney. This guarantees that there are no issues in case the POA becomes necessary.
In almost all cases, a POA needs to be notarized in the State of Alabama. However, when it comes to the real estate power of attorneys, the form should also be filed with the corresponding county.
A power of attorney can specify the types of authority a given agent has. Especially with limited forms, the principal will list all the agent’s powers. These could be pretty general, such as typical banking transactions.
A power of attorney automatically ends when the principal dies, when the POA is revoked, or specified expiration date is reached. Alternatively, the POA can also terminate when the specific purpose for the document is achieved or if the agent dies or becomes incapacitated.
