The Alabama Durable Power of Attorney allows a resident to transfer all or limited financial rights to someone else. The person selected should be trustworthy and be able to handle the responsibility of the powers given. The term “durable” means that the form does not terminate if the principal should become incapacitated. In this situation, the only way to remove an incompetent agent if the principal becomes disabled is to seek legal counsel and potentially go to court. Therefore, it’s ideal to have the agent be a relative or close associate that they feel will make the best choices for the primary party.
Laws
Statute – Code of Alabama – Alabama Uniform Power of Attorney Act (§ 26-1A-105 – 26-1A-404)
Definitions – “Durable” means with respect to a power of attorney, means not terminated by the principal’s incapacity (§ 26-1A-102(2)).
Signing Requirements – Notarization is needed at the time of signing to officially instate the accord (§ 26-1A-105).
Revocation – § 26-1A-110
Additional Resources
- Alabama Legal Help – Powers of Attorney
- Ladd Firm – Power of Attorney – FAQ
Related Forms
Advance DirectiveDownload: Adobe PDF
General (Financial) Power of Attorney
Download: Adobe PDF