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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
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