Alabama Power of Attorney Forms
The Alabama Power of Attorney Forms grant an individual or company (called the “Agent” or “Attorney-in-Fact”) permission to make personal or business decisions on behalf of another (the “Principal) who no longer can, due to health problems, the inability to be in a specific location, or another personal issue. Power of Attorneys do not need to be complex, rather, can be used for simple tasks such as check writing, handling a car registration, or collecting rent on behalf of the Principal.
What is an Alabama Power of Attorney?
An Alabama Power of Attorney is a signed document that transfers decision-making authority to a secondary individual who acts as a representative (“Agent”) of the Principal (the one granting authority) after a specific event or after signatures have been recorded on the POA. The scope of the Agent’s responsibility is dependent on the type of POA used, the different formats of which can be found below.
- Alabama Power of Attorney Laws – (Title 26 Chapter 1A “Alabama Uniform Power of Attorney Act”)
- State Definition of Power of Attorney (§ 26-1A-102) – “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.”
- Signing Requirements (§ 26-1A-105) – “A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.”
Advance Directive for Health Care (Living Will + Medical POA) – Gives an agent authority to make health decisions after the principal’s incapacitation. This document is durable.
Durable (Financial) Power of Attorney Form – Gives an agent the ability to make decisions for the principal even if the principal becomes incapacitated.
General (Financial) Power of Attorney Form – Very similar to the Durable POA, with the exception being the document expires after the individual appointing responsibility becomes incapacitated.
Limited (Special) Power of Attorney Form – Used to hand-off decision making power for a specific task or area.
Minor Child Power of Attorney Form – Signed by a parent that gives decision-making authority over their children to an adult whom the parent(s) trusts.
Motor Vehicle (DMV) Power of Attorney Form – Grants an individual or party with decision-making power regarding the principal’s vehicle, such as signing a Bill of Sale, registering the vehicle, or other car-related tasks.
Real Estate (Property) Power of Attorney Form – A means for those who need a representative that can make decisions regarding the selling or purchasing of a property.
Revocation of Power of Attorney Form – A document used to cancel any previously-entered Power of Attorneys.
Tax Filing Power of Attorney (Form 2848A) – Gives an individual who prepares taxes authorization to access a company or individual’s tax-related information in order to file it with the state of Alabama.
Download – Adobe PDF
When is it Effective?
According to § 26-1A-109, a Power of Attorney is effective once the signatures have been recorded unless the principal states in the agreement that it is to be effective after a certain event or specified date. If the principal does not authorize an individual to verify incapacity, and Part A of the definition of “Incapacity” is used, it is up to a physician or phycologist to determine incapacity. If Part B of the definition is used, it is up to “an attorney-at-law, a judge, or an appropriate governmental official” to state whether the principal is indeed incapacitated or not.