Alabama Power Of Attorney is a document that is used for individuals who would like to designate someone else, an “agent”, to handle decisions on their behalf for a durable, general, or limited use. This form is most commonly used by a person who would like to have an agent represent them if they are not able to for health reasons, not being able to appear at a specified location, or when time sensitive action is needed.
Laws – Title 26, Chapter 1A (Uniform Power of Attorney)
Types
Durable (Financial) Power of Attorney – Utilized for individuals to set someone else as their financial or business representative if they are not to do so because of their incapacity.
General (Financial) Power of Attorney – For individuals who would like to appoint another person to act on their behalf for financial purposes while they are not incapacitated. This form terminates upon the incapacity of the principal.
Limited (Special) Power of Attorney – For the use of a specified financial action.
Medical Power of Attorney (Advance Health Care Directive) – A combination of a living will and power of attorney that allows a person to select another to only handle their medical decisions.
Parental (Minor Children) Power of Attorney – A parent may, for a period of no more than one (1) year, allow another person to care and make decisions for their minor son(s) or daughter(s).
Real Estate Power of Attorney – Allows an individual or entity to allow someone else to sell, manage, or purchase land on their behalf.
Revocation Power of Attorney – Cancels a power of attorney document signed in the State of Alabama.
Tax Power of Attorney (2848A) – When filing taxes in the State of Alabama this form may be used to appoint a preparer to handle all submissions on your account.
Vehicle Power of Attorney (MVT 5-13) – The principal may specify the exact usage of this form that is to be used with the Alabama Motor Vehicles Division in relation to their automobile.
How to Write
1 – Obtain the Appropriate Forms
Download and print at least two (2) copies of the form. One for yourself and for the Agent.
2 – Identifying The Agent
Locate the blank line following the word “I,” under the heading “Designation of Agent.” This line will require the Full Name of the Principal (who is granting Power of Attorney) to be entered.
Now, locate the line labeled “Name of Agent.” Here, report the Full Name of the individual who shall accept the responsibility of Power of Attorney from the Principal named above. Use the space provided to do this.
The blank line, labeled “Agent’s Address,” requires the Street Address of the Agent to be entered. This should be the same Address that government institutions associate with this individual. It should consist of a Building Number, Street/Road/Ave/etc. Name, City, State, and Zip Code.
Next to the words “Agent’s Telephone Number,” report the Phone Number where the Agent may be reliably reached.
3 – Name a Second Agent to the Principal
Locate the heading “Designation of Successor Agent(s) Optional.” This section will allow you to report an Agent to assume a Principal’s Power of Attorney in the event the primary Agent is unable (i.e. sickness, death) to fulfill his or her role. Naming a Successor Agent is not necessarily required but is generally recommended.
On the blank line, next to the words “Name of Successor Agent,” report the Full Name of the individual who will assume Power of Attorney Agent responsibilities should the original Agent be unable to.
Below this, in the space following “Successor Agent’s Address,” you must report the Street Address of the Successor Agent (Building, Street, City, State, and Zip Code).
You may also name a second Successor Agent who may assume Power of Attorney in the event both the Agent and Successor are rendered unable to. This may be done below the statement “If my successor agent…” In a similar fashion as with the primary Agent and Successor Agent, use the next three blank lines to report the “Name of Second Successor Agent,” “Second Successor Agent’s Address,” and “Second Successor Agent’s Telephone Number.”
4 – Providing General Authority By Signature
Locate the heading “Grant of General Authority.” There are two choices provided. The first will be to grant a general authority to the Power of Attorney. If the Principal wishes to do, he or she should read this passage the first two statements carefully and should be made familiar with the Alabama Uniform Power of Attorney Act. On the blank line in this section, the Principal must Sign his or her Name to solidify granting authority. The Principal must then initial each subject listed and each action listed, then proceed to “6 – Additional Instructions.”
5 – Providing Specific Authority
If the Principal would prefer to refrain from granting Full Power of Attorney, then locate the statement beginning with the words “If you wish to grant specific authority…” Below this statement will be a list of various topics the Agent will be granted Authority in on behalf of the Principal. The Principal must initial each topic that he or she wishes to grant Power of Attorney in. For instance, if the Principal wishes to only grant authority in terms of “Estates, Trusts, and Other Beneficial Interests as defined in Section 26-1A-211” and “Personal and Family Maintenance as defined in Section 26-1A-213” then, he or she must locate these statements to initial them. If the Principal does not wish to grant authority over one or more of these topics, then he or she must refrain from initialing that item.
When granting Specific Authority, the Principal must define what actions may be taken as well. Locate the statement beginning with “My agent MAY NOT do any of the following…” Here, a list of actions will be provided. The Principal must initial each action the Agent may take regarding the Power of Attorney Granted. For instance, if the Principal wishes to “Create or change rights of survivorship,” then he or she must initial this statement. The Principal should read each statement here carefully then initial the actions being granted to the Agent. The Principal must read and comprehend the paragraphs at the end of this list.
6 – Additional Instructions
Locate the heading “Special Instructions(Optional).” The Principal may document any additional and/or specific instructions regarding the Power of Attorney being granted using the blank lines provided. For instance, if there is a specific Date or Occurrence that marks when the Power of Attorney is granted or terminates. If there are no additional or specific instructions, the Principal should write the word “NONE” largely on these blank lines.
7 – Naming a Conservator
Locate the heading “Nomination of [Conservator or Guardian] (Optional).” If the Principal would like to appoint a Conservator or Guardian in the event the court deems it necessary, this may be done here. Two may be named here. To begin, locate the words “Name of Nominee for [conservator or guardian] of my estate,” then record the Full Name of the person that bears the nomination of the Principal.
The Nominee’s Full Street Address should be documented on the line following the words “Nominee’s Address.” Report the complete Address where this individual may be found on this line.
On the blank line labeled “Nominee’s Telephone Number,” enter a Telephone Number where the Nominee will be easily reached.
The next several lines will accept the Principal Nomination for a Guardian. Utilize the blank lines provided to report the “Name of Nominee for [guardian] of my person,” “Nominee’s Address,” and “Nominee’s Telephone Number.”
8 – Principal Binding Signature
Locate the section labeled “Reliance on this Power of Attorney.” This section is not optional and must be Signed by the Principal. On the blank line labeled “Signature of Principal,” the Principal must sign his or her Name.
On the blank line labeled “Your Signature Date,” the Principal must provide the Calendar Date he or she has signed this document.
On the blank line labeled “Your Name Printed,” the Principal must Print his or her Name.
On the blank line labeled “Your Address,” the Principal must report his or her Complete Address.
On the blank line labeled “Your Telephone Number,” the Principal must provide a Telephone Number that is well maintained where she or she may be reached.
The two blank lines, “State of” and “County of,” must be filled in by the attending Notary Public. This party will enter his or her Name, the people appearing for this Signature, the Date, and the Notary Credentials for Notarization.
The Preparer of this Document must Sign his or her Name on the blank line below the words “This document prepared by”
9 – After Notarization
When the document is complete both parties, principal and agent, should keep a form in their possession. The document is not filed with any city/town or State government office and may be required to be shown at any time when using the powers listed in the power of attorney.
