Alabama Power of Attorney Forms

An Alabama Power of Attorney Form grants an individual or company with permission to make personal or business decisions on behalf of another. Common reasons why a person signs a POA is that they no longer can make decisions due to 1) health problems (incapacitation), 2) the inability to be in a specific location, 3) they are transferring power to a professional (such as a tax preparer), or 4) for other another personal reason.

In addition to being used for serious medical matters, POAs can be used for simple tasks such as check writing, handling a car registration, or collecting rent on behalf of the principal (person assigning power).

Types

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.

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Durable (Financial) Power of Attorney Form Gives an agent the ability to make decisions for the principal even if the principal becomes incapacitated.

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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.

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Limited (Special) Power of Attorney Form Used to hand-off decision making power for a specific task or area.

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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.

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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.

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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.

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Revocation of Power of Attorney Form A document used to cancel any previously-entered Power of Attorneys.

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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.

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What is an Alabama Power of Attorney?

An Alabama Power of Attorney is a signed document that transfers decision-making authority to a second 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.

  • 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): Must be signed by the principal (or a person directed by the principal to sign their name) and notarized by a Notary Public.

When is it Effective?

A POA is effective once all 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.


Sample