Download Alabama Durable Power of Attorney Form [PDF]

Make a power of attorney that will remain valid even after the principal’s incapacity using our durable power of attorney Alabama templates.

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Alabama
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In Alabama, a durable power of attorney is a document that enables one person to represent another and act on their behalf. The person issuing the power of attorney is called the principal, while the person who gets authorized is called the agent or attorney-in-fact. 

A durable power of attorney remains valid even if the principal loses the capacity to act for themselves.

The principal can issue an Alabama durable POA in any situation where they can’t represent themselves due to bad physical or mental health, disability, old age, dementia, or Alzheimer’s disease, or if they are moving to another location for a longer period of time.

Durable Power of Attorney Laws & Requirements in Alabama

Laws & Requirements

  • Laws: Title 26, Chapter 1A

  • Signing: The principal must sign the document before the notary public or other individuals authorized to take acknowledgments. (§ 26-1A-105)

  • Statutory form: § 26-1A-301 provides the statutory form in the Code of Alabama.

  • “Durable” definition: According to the Code of Alabama, “durable, with respect to a power of attorney, means not terminated by the principal's incapacity.” (§ 26-1A-102(2))

How to Fill out a Durable Power of Attorney in Alabama

#1. Designate an Agent

In the first section, you must provide all the relevant details about the person you authorize to represent you and protect your interests.

Insert your full name and mailing address, and insert the full name, mailing address, and telephone number of the agent you want to authorize in the paragraph below. Additionally, you can appoint a successor agent in case the agent is unable to represent you.

#2. Grant Authority

Here, you will have three options:

Scope of Authority

  • General authority: You can give your agent the authority to represent you in every matter and take all the necessary actions on your behalf.

  • Partial authority: In this scenario, you will authorize your agent to take only certain actions on your behalf while limiting their powers regarding some other matters (for example, making decisions about your financial affairs or healthcare). You can do so by signing your initials in front of every authority you wish the agent to have in the Alabama durable power of attorney form.

  • Specific authority: Here, you can insert the specific authorities you want to delegate to your agent that are not provided in the form. In addition, you can provide the names of the third parties the agent is authorized to interact with on your behalf.

#3. Ensure the Form is Durable

According to the Alabama Code, a power of attorney is presumed to be durable unless otherwise provided in the form. You must explicitly state that the power of attorney is not durable. Otherwise, the document will remain valid even if you become incapacitated.

#4. Sign the Form

After completing the form, you should sign the Alabama durable power of attorney before a notary public. Although not mandatory among signing requirements, the principal can also have witnesses acknowledge their signature to confirm its authenticity.

#5. Notarize the Form

The notary public will then confirm the authenticity of the principal’s signature and the document by putting their signature and seal on it.

#6. Store Your Durable Power of Attorney Form

You should always keep the original power of attorney in your possession and issue one copy to the agent and every relevant third party.

How to Revoke a Durable Power of Attorney in Alabama

You can revoke the Alabama durable power of attorney by issuing and signing the written revocation. You can also do it verbally by stating your intention to revoke the document before the witness, who will then issue a written document confirming your revocation.

People commonly revoke a power of attorney due to family conflicts or if the agent is not willing or capable of representing the principal anymore. Another common situation is when the principal gets married and wishes to name their spouse as an agent instead of their parents. However, after divorce, the authority given to the spouse becomes invalid.

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