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Alabama Durable (Financial) Power of Attorney Form

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Alabama Durable (Financial) Power of Attorney Form is a statutory document that 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.

Agent’s Certification (§ 26-1A-302) – Required to be attached to the durable power of attorney.

Definition (§ 26-1A-102(2)) – “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.

Laws§ 26-1A-301

Signing Requirements (§ 26-1A-105) – Principal is required to authorize in the presence of a notary public.


Medical Power of Attorney – Use to allow someone else to make health care decisions on your behalf.

How to Write

Download: Adobe PDF

1 – Download The Alabama Power Appointment From This Page

You can delegate your authority to make decisions and take action on your behalf but filling out and properly signing the paperwork previewed above. Download this file by clicking the “Adobe PDF” link above or the “PDF” button under the picture.

2 – Review And Prepare This Document For Approval

The introduction will deliver several disclosures of information both parties should read and become familiar with. When you are ready, fill in the county where this document is being executed on the blank space at the top of the first page. Note: A Notary Public may require that he or she fill this area. Make sure to check with your local Notary. You must fill in your name on the first blank line under the title. Your name, as the Principal, is a required item to complete the title of this paperwork. In addition to the title, you must also record your full name on the first blank space in the paragraph beginning with the term “Know All Men By These Presents…” Make sure your name is recorded the same way on both empty lines. Produce your address then county of residence on the next two empty lines (just before the word “County, Alabama…” The next person you must identify is the Agent you wish to grant authority to. Furnish his or her first, middle, and last name to the empty space following the term “…Hereby Make, Constitute And Appoint.” The Agent’s information must continue with his or her residential street address, county of residence, and phone number. Use the next three empty spaces to present this information.

 

3 – You Must Directly Approve Each Power The Agent Must Wield

Now, you will have to directly authorize each ability you wish your Agent to have when he or she is acting in your name. This can be done in one of two ways. If you have determined the Agent be able to act with general authority in all the matters he or she is legally allowed to then, sign the blank space that follows the initial paragraph under “Grant Of General Authority.” If you have not signed the above blank space then, you will have to document each type of principal authority your Agent may wield on your behalf and indicate what he or she cannot do with principal authority. You may accomplish this task by attending to the list of principal powers presented beneath the word “OR.” As mentioned in the paragraph above this list, any item that you do not initial will be excluded from the Agent’s scope of abilities when acting on your behalf.

Initial the first item if you wish to approve of the Agent’s use of principal authority to act in your name with “Real Property” as per the Alabama Uniform Power of Attorney Act Section 26-1A-204. Your authority over your “Tangible Personal Property” can be granted to the Agent by initialing the blank space corresponding to the second item.

The same power you have when dealing with “Stocks And Bonds” can be delivered to the Agent when you initial the third blank space. These powers will be defined in Section 26-1A-206 in the Alabama Uniform Power of Attorney Act.

The Agent will wield the same powers you do with “Commodities And Options” as described in the Alabama Uniform Power Of Attorney Act Section 26-1A-207 if you initial the blank space attached to the fourth item.

The fifth blank space should be initialed is you would like to grant the Agent the power to act in your name with “Banks And Other Financial Institutions” (as per Section 26-1A-208). The sixth item should be initialed if you wish to give the Agent the power to act with your name in the operation of a business or similar entity as described in the Alabama Uniform Power of Attorney Act (26-1A-209).

If your Agent should have the authority to represent you with “Insurance And Annuities,” then initial the blank space attached to the seventh item on this list.  If your Agent should have the authority to represent you with regarding “Estates, Trusts, And Other Beneficial Interests,” then initial the blank space attached to the eighth item on this list.

The Agent can be given the power to handle your “Claims And Litigation” with the same authority you carry if you initial the ninth item. His or her powers in such matters will be defined in the Alabama Uniform Power of Attorney Act Section 26-1A-212. 

If you initial the tenth item on this list you will delegate the authority you carry when handling “Personal And Family Maintenance” to the Agent.The next item on this list will give the Agent the right to represent you with “Benefits From Governmental Programs Or Civil Or Military Service As Defined In Section 26-1A-214. Initial the twelfth item if you wish the Agent to act on your behalf with “Retirement Plans” as per the Alabama Uniform Power Of Attorney Act Section 26-1A-215. You should initial the thirteenth item if you wish to authorize the Agent’s use of principal power to handle your “Taxes” as per Section 26-1A-216. The last item on this list “Gifts As Defined In Section 26-1A-217” will enable your Agent to make and receive gifts with the abilities defined in the Alabama Uniform Power of Attorney Act if you initial the blank space corresponding to this item. Once you have approved the general principal powers the Agent may wield in your name, you will have an opportunity to review the “Grant Of Specific Authority (Optional).” As mentioned earlier all the general powers above will be defined and limited by the Alabama Uniform Power of Attorney Act. Some actions the Agent can take in your name cannot simply be taken for granted because you approved an Agent’s general use of principal power. Each of these specific actions are listed in this section. If you would like the Agent to be able to carry out the actions in a statement in this section, then you must initial the blank space corresponding to that statement. If you do not wish the Agent to carry out an action, then do not initial that action. Thus, if for example, you require your Agent to have the authority to “Make A Gift To Which Exceeds The Monetary Limitations Of Section 26-1A-217 Of The Alabama Uniform Power Of Attorney Act,” “Authorize Another Person To Exercise The Authority Granted Under This Power Of Attorney,” and to “Exercise Fiduciary Powers” with the same authority you carry then, initial the second, fifth, and seventh items on this list while leaving the rest blank. See the example below.

4 – Certain Actions And Powers Require Additional Authorization To Deliver

This paperwork will also allow you to appoint an Agent with the same representational powers defined in 45 CFR 164.502 (Health Insurance Portability and Accountability Act of 1996). You can appoint any of the Agents you have with this responsibility or a new entity altogether. To do so, initial the statement in “Authority To Access Health Information” and record the name of the Agent you wish to have the authority this item defines on the blank space after the term “…I Authorize Covered Entities TO Provide To ”

5 – Agent Limitations And Special Instructions Must Be Documented To Apply

The next section will disclose some valuable information regarding the “Limitations On Agent’s Authority.” Make sure to read this statement fully. If you have any additional instructions that should apply to the Agent(s) here, they should be presented in the “Special Instructions (Optional)” section. Here, a blank line has been presented in case you would like to document additional provisions or limitations upon the Agent’s use of principal authority. A blank line has been placed in this section to accept such information. You may also use this area to cite an attachment with this information if more room is required.

 

6 – You May Nominate A Guardian Or Conservator If Desired

The “Nomination Of [Conservator Or Guardian] (Optional)” presents an opportunity to name a specific individual(s) for the courts’ consideration should it be necessary that a Court-Appointed Guardian or Court-Appointed Conservator be set in place. If you wish to name an individual for one or either of these positions then, you may document this by entering the Nominee’s full name, address, and telephone number on the blank spaces labeled “Name Of Nominee For [Conservator Or Guardian] Of My Estate,” and “Nominee’s Telephone Number.” You can use this area to name someone as a Conservator or Guardian.  In this example, we will name a Conservator in the first section and indicate this by circling the word “Conservator.” See the example below. An additional area has been supplied specifically to nominate a Guardian of your person. Record this entity’s name, address, and telephone number on the blank lines labeled “Name Of Nominee For [Guardian] Of My Person,” “Nominee’s Address,” and “Nominee’s Telephone Number.”

 

7 – Review Then Execute This Document Before A Notary Public

The “Effective Date” will name the calendar date when this document becomes active as the same date you sign it. You may name another date if you wish by documenting it in the “Special Instructions” section above. It would be considered ill-advisable to make any changes to the “Reliance On This Power Of Attorney” section. Once you have reviewed the completed document and have determined it defines the powers you wish to grant the Agent(s) in the manner you wish to grant them, you will need to sign this to put its contents in effect. This signature should be notarized. Thus, arrange an appointment with a Notary Public, then in his or her presence, sign your name on the blank space labeled “Signature Of Principal” in the “Signature And Acknowledgment” section.  As soon as you sign this document, enter the current calendar date on the blank space labeled “Your Signature Date.” Finally, print your name then record your address and telephone number on the lines labeled “Your Name Printed,” “Your Address,” and “Your Telephone Number.” Once you have completed the execution above, the Notary Public in attendance will require control of this document so that he or she may supply the location, identity of the signature party (you), and the date of this signing. He or she will need to supply these items as part of the notarization process before providing his or her credentials and seal. 

 

8 – The Agent Must Attend To The Next Document In This Paperwork

The next page will require the Agent’s attention. Each one should read the section titled “Important Information For Agent” to his or her comprehension. After reading the above disclosure, the Agent should locate the page titled “Agent’s Certification As To The Validity Of Power Of Attorney And Agent’s Authority.” The first blank space will require the county where this document will be signed. The first statement will have three blank lines requiring attention. The first blank space must have the name of the Agent entered on it and the second one will require the full name of the Principal presented on it. The last blank line in this statement must have the principal’s signature date supplied to it. The list below this will list relevant terms to the powers given above. Item 4 will give the Agent an opportunity to list any additional definitions that should be applied here. If there are no other terms that should apply, then this line may be left blank. Next, the Agent must sign the blank line under the “Signature And Acknowledgment” section then supply the current date on the line labeled “Agent’s Signature Date” Finally, the Agent must satisfy the blank lines labeled “Agent’s Name Printed,” “Agent’s Address,” and “Agent’s Telephone Number” with his or her information then relinquish this document to the Notary Public. The Notary Public who has witnessed the Agent’s signature will then supply the items necessary for the notarization process.


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