Alabama Durable (Statutory) Power of Attorney Form

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An Alabama durable statutory power of attorney form allows an individual to act in their place for broad or specific financial powers.  The form has the ‘durable’ use that remains in effect even if the principal is no longer able to make decisions for themselves due to mental instability. Therefore the agent selected should be someone who is able to be trusted and it’s recommended that it be a close family member or friend.

If the principal would like to instruct a second (2nd) or “successor attorney-in-fact” they may do so. This person may only be able to act on behalf of the principal in the event the first (1st) agent is not able to appear.

Table of Contents

Versions (2)


Standard Version

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Baptist Church Version

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Laws

Title 26, Chapter 1A (Alabama Uniform Power of Attorney)

Definition of “Durable”

With respect to a power of attorney, means not terminated by the principal’s incapacity (§ 26-1A-102(2)).

Definition of “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 (§ 26-1A-102(7)).

Signing Requirements

The principal is required to authorize in the presence of a notary public. The agent is required to have their signature acknowledged on the Agent’s Certification that is attached to the power of attorney (§ 26-1A-105, § 26-1A-302).

Statutory Form

The statutory form is located at § 26-1A-301 in the Code of Alabama.

How to Write

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Step 1 – 

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