Free Alabama Power of Attorney (POA) Form

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Types of Power of Attorney in Alabama

Before starting an AL Power of Attorney it is critical to know what type of POA to create. There are many different varieties of these legal instruments and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.

The most common variants available in Alabama include the following examples:

  • Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
  • A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
  • Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
  • Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
  • A DMV POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
  • A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
  • A Minor Child Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
  • A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Alabama’s tax office.

How to Get a Power of Attorney in Alabama

AnAlabama Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities. Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Also, some pre-prepared forms for Vehicle POAs can be obtained directly from a Alabama DMV site. However, it is recommended to seek the help of an attorney in order to fill the document properly.

For other details about specific forms, read more about AL Medical or Durable POAs through these links.

Alabama Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your AL Power of Attorney document before successfully putting it into action.

Since 2012 Alabama has recognized the Uniform Power of Attorney Act(§ 26-1A-301). This upholds your right to POA made in your state. As well as another state that adopted the act. Ensure the document includes all necessary wording when creating it.

To do this you will need to meet the following criteria:

  1. Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
  2. The completed form should be signed by both the Agent and Principal.
  3. Some types of POA may also have to be signed in the presence of a notary public.
  4. A notary public must also be present at the signing to notarize the document, and must sign it too.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

  • Be over 18 years of age.
  • Be mentally competent enough to enter into a contractual agreement.
  • Understand the powers that are being granted.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Alabama. They should also be someone that the Principal has full confidence in.

Alabama Power of Attorney Sample

Creating and putting a Power of Attorney into action in Alabama is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample AL Power of Attorney below can help you understand the details included in this legal arrangement a little better.

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Alabama Power of Attorney Form

FAQs About Alabama Power of Attorney Forms

It is important to have a good understanding of what Alabama Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Where Can I Get a Power of Attorney in Alabama?

It is possible to create your own Alabama Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at your local DMV or can pay to have a legal expert draft and complete your document.

Who Should Be Your Alabama POA Agent?

When choosing the right Agent for your Alabama POA, it is essential to pick a person (or people) that you trust implicitly.

By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.

Who Can Override an Alabama Power of Attorney?

There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.

If on the other hand, you wish to revoke the AL Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.

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Alabama Power of Attorney Form

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STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975.

This power of attorney does not authorize the agent to make health care decisions for you. Such powers are governed by other applicable law.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reimbursement of reasonable expenses and reasonable compensation, unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act:

(INITIAL each subject you want to include in the agent's general authority.)

________ Real property as defined in Section 26-1A-204
________ Tangible personal property as defined in Section 26-1A-205
________ Stocks and bonds as defined in Section 26-1A-206
________ Commodities and options as defined in Section 26-1A-207
________ Banks and other financial institutions as defined in Section 26-1A-208
________ Operation of entity or business as defined in Section 26-1A-209
________ Insurance and annuities as defined in Section 26-1A-210
________ Estates, Trusts, and Other Beneficial Interests as defined in Section 26-1A-211
________ Claims and Litigation as defined in Section 26-1A-212
________ Personal and Family Maintenance as defined in Section 26-1A-213
________ Benefits from governmental programs or civil or military service as defined in Section 26-1A-214
________ Retirement plans as defined in Section 26-1A-215
________ Taxes as defined in Section 26-1A-216
________ Gifts as defined in Section 26-1A-217
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

Limitation of Power. Except for any special instructions given herein to the agent to make gifts, the following shall apply:

(a) Any power or authority granted to my Agent herein shall be limited to prevent this Power of Attorney from causing any Agent to be taxed on my income or from causing my assets to be subject to a "general power of appointment" by my Agent as defined in 26 U.S.C. §2041 and 26 U.S.C. §2514 of the Internal Revenue Code of 1986, as amended.

(b) My Agent shall have no power or authority whatsoever with respect to any policy of insurance owned by me on the life of my Agent, or any trust created by my Agent as to which I am a trustee.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, Alabama.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT

State of Alabama
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;

(2) Act in good faith;

(3) Act only within the scope of authority granted in the power of attorney.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;

(3) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest, based on all relevant factors, including the value and nature of the principal's property; the principal's foreseeable obligations and need for maintenance; minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and eligibility for a benefit, a program, or assistance under a statute or regulation.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975. If you violate the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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