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Alabama Durable (Statutory) Power of Attorney Form

An Alabama durable statutory power of attorney form allows an individual to act in the principal's place for broad or specific financial powers. The term 'durable' refers to it remaining in effect even if the principal becomes incapacitated.[1]
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Signing Requirements

The principal is required to authorize in the presence of a notary public.[2] The agent can also have their signature acknowledged on the Agent’s Certification, which is attached to the power of attorney.[3]

Powers Granted[4]

  • 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

“Durable” Definition

“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.[5]

“Power of Attorney” Definition

“Power of attorney” 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.[6]

Revocation

A durable power of attorney can be revoked when:[7]
  • The principal terminates it with a revocation form;
  • The principal dies;
  • The agent dies; or
  • Canceled by a fiduciary appointed by a court.

Statutory Form

Yes, the State of Alabama has a statutory form.[4]

Sample

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