The Alabama Power of Attorney Form allows residents to elect someone to act in their name to take care of any medical and/or financial matters. Depending on the type, the document will most likely need to be signed in the presence of a notary public. After the form has been affirmed, it needs to be kept by the authorized agent to be able to carry out the principal’s will. The form is required to be shown every time the designation is used.
Laws
Statutes – Code of Alabama – Alabama Uniform Power of Attorney Act (§ 26-1A-105 – 26-1A-404) and Code of Alabama – Natural Death Act (§ 22-8A-1 – 22-8A-9)
Definitions – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§ 26-1A-102(7)).
Signing Requirements – POAs for financial matters require supervision from a licensed notary other legally authorized individual is necessary to certify the agreement’s execution (§ 26-1A-105). Finalization of an advance directive does not obligate a notary to be present but will instead require two (2) acceptable witnesses to corroborate the endorsement process (§ 22-8A-4(c)(4)).
Revocation – § 26-1A-110 and § 22-8A-5
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive – A mixture of a medical POA and living will, this document is becoming a very popular form for those who would like to plan their fate should they ever lose their mental capacity.
Download: PDF
Signing Requirements: (§ 22-8A-4(c)(4)): Must be signed in the presence of two (2) witnesses that are nineteen (19) years of age or older.
Durable (Financial) Power of Attorney 
– Mainly used for financial purposes, this document remains in effect even if the principal loses the mental capacity to properly communicate.
Download: PDF
Signing Requirements: (§ 26-1A-105): Signatures are to be performed under the supervision of a notary public.
General (Financial) Power of Attorney – This strictly provides financial powers to the agent and does not remain in effect if the principal is unable to mentally think for themselves.
Download: PDF
Signing Requirements: A notary public must oversee the assigning party’s signature.
Limited (Special) Power of Attorney – For any type of financial designation that is only for a limited time period or for a specific use.
Download: PDF
Signing Requirements: Endorsements must be seen by a notarial agent.
Minor (Child) Power of Attorney – Provides certain guardianship rights from the parents to another party for a child under the age of nineteen (19) years old.
Download: PDF
Signing Requirements: A notary public must attest to any signatures provided.
Motor Vehicle Power of Attorney – Allows the owner of a vehicle to elect an individual to represent them in a transaction involving the automobile.
Download: PDF
Signing Requirements: It is recommended that a notary public endorse the form upon witnessing the principal’s signature.
Real Estate Power of Attorney – Can be fulfilled to elect an agent to handle the buying, selling, or leasing of property on someone else’s behalf. (Most common for real estate closings.)
Download: PDF, Word (.docx)
Signing Requirements: Signing must occur while being viewed by a notary public.
Revocation of Power of Attorney – If a POA has been previously accomplished, the main party may subsequently execute this form to revoke the powers given.
Download: PDF, Word (.docx)
Signing Requirements: Signatures are to be witnessed by an agent retaining notarial powers.
Tax Power of Attorney (Form 2848A) – Mainly used to have an accountant or attorney prepare and file taxes on behalf of a resident taxpayer in Alabama.
Download: PDF
Signing Requirements: No Requirements