Updated June 17, 2022
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 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.
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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 can also 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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Designation Of Agent
(1) Alabama Principal. The Alabama Principal’s full name should be presented to claim the appointment below as his or her issue.
(2) Name Of Agent. The Alabama Attorney-in-Fact (often referred to as the Principal’s Agent) requires identification for this designation of principal power to be made properly. Record the full name of the Agent to be approved to act on the Alabama Principal’s behalf.
(3) Agent’s Address.
(4) Agent’s Telephone Number.Designation Of Successor Agent(s).
(5) Successor Agent Name. An additional Party can be designated with power by the Principal at a later time than the Attorney-in-Fact and only in a scenario where the Alabama Attorney-in-Fact has declined to act for the Principal or does not have the ability to fill this appointment. This second designation is optional, but, if engaged, allows this document to securely grant principal power to the Successor Agent as a replacement for the originally selected Attorney-in-Fact.
(6) Successor Agent’s Address.
(7) Successor Agent’s Telephone Number.
(8) Name Of Second Successor Agent. Considering the possibility of both the Alabama Attorney-in-Fact and Successor Agent being unable to assume principal power, an additional optional designation can be made. A second Agent can be named to successively assume the Attorney-in-Fact position should both previous designations fail. This Second Successor Agent may only assume the Attorney-in-Fact designation of powers and the responsibilities that accompany them if he or she is named to this role.
(9) Second Successor Agent’s Address.
(10) Second Successor Agent’s Telephone Number.
Grant Of General Authority
(11) Signature Of Principal. If the Alabama Principal intends to grant a general authority over his or her affairs to the Attorney-in-Fact, then he or she may provide a signature to this intention. This signature must be notarized. If this is not the case, and the Alabama Principal only requires an Attorney-in-Fact to carry out principal functions and decisions then the next segment of this form will enable the Principal to do so.
Granting Partial Authority
(12) Review Of General Powers. The Alabama Principal has been supplied with a list of topics or subject matters that will allow him or her to grant the authority to act in his or her name to the Attorney-in-Fact with some principal matters but not others. For example, the Principal may wish to restrict the Attorney-in-Fact from exhibiting any authority over his or her personal and family maintenance by simply initialing every power topic except this one. As the Principal reviews the provided list he or she should initial each subject matter that the Attorney-in-Fact should be able to wield the same authority over as that possessed by the Principal. Any topic that the Alabama Attorney-in-Fact should not have principal authority over should not be initialed.
Grant Of Specific Authority
(13) Trusts. A secondary list that will give the Alabama Attorney-in-Fact specific principal approval for more sensitive matters. The first of which concerns the power to act on inter vivos trusts (or a living trust) in the same way the Principal can. The Attorney-in-Fact or Alabama Agent will only be able to effect decisions made on the Principal’s behalf if the Principal delivers his or her initials as approval to the Attorney-in-Fact’s use of principal power in such matters.
(14) Gifts. The principal powers to handle gifting in the Principal’s name can be delivered to the Attorney-in-Fact through the Principal’s initials. Be advised this will include topics such as debt forgiveness or refusing payouts as well as releasing property or funds in the Principal’s name.
(15) Survivorship. The rights of survivorship the Principal has set in place can be changed by the Alabama Attorney-in-Fact and even created if the Principal gives him or her the power to do so by initialing the third specific power on this list.
(16) Beneficiary Designation. If the Alabama Principal wishes to enable the Attorney-in-Fact to make beneficiary designations in his or her name or change ones already in place if necessary, then the fourth specific power statement in this list should be initialed by the Principal.
(17) Authorizing Third Parties. The Principal’s Attorney-in-Fact may be given the ability to name an additional Agent with the principal’s authority so long as that authority is already granted to the Attorney-in-Fact through this document and the Principal provides his or her initials to show approval.
(18) Waiving Beneficiary Rights. The Attorney-in-Fact can be given the authority to waive the Principal’s Beneficiary rights (including those resulting from survivor benefits from a retirement plan.
(19) Fiduciary Powers. If the Principal has been assigned fiduciary powers (i.e., as a registrar of stocks and bonds or as an Administrator to an estate) and wishes the Attorney-in-Fact to act in his or her name in such matters then the final statement must be initialed by the Principal.
(20) Alabama Principal Instructions. There may be additional instructions due to this document from the Alabama Principal. If he or she wishes to deliver directions to the Attorney-in-Fact or requires that some of the abilities granted to the Agent be limited, restricted, or extended under certain circumstances or generally, then such instructions and provisions from the Alabama Principal should be included with this document before it is signed. If more room is needed for these directives, then make sure to cite an attachment containing the additional provisions in this appointment. Be advised that unless this section names a date of effect for this document, it shall be assumed the Alabama Attorney-in-Fact will be granted principal powers once this document is properly executed.
Nomination Of Conservator Or Guardian
(21) Name Of Nominee For (Conservator Or Guardian). The Alabama Principal can seize the opportunity presented in this appointment to also make a nomination to courts seeking to assign the Principal a Conservator of Estate or Guardian of Person. This can sometimes be necessary if the Alabama Courts believe the Principal’s life or assets will suffer greatly without a bonded Agent that carries court approval and authority. The nomination made by the Alabama Principal has no power to compel the court to name the Alabama Principal’s choice however this is often taken under serious consideration. To make such a nomination, the full name of the Nominee must be supplied with some supporting information.
(22) Nominee’s Address.
(23) Nominee’s Telephone Number.
(24) Name Of Nominee For Guardian Of My Person. This section shall allow that a separate Party be nominated as a Guardian than that of a Conservator. If two different Parties are to be nominated, then use the second area provided to nominate the Principal’s choice for Guardian of his or her person should the courts decide to appoint a Guardian.
(25) Nominee’s Address.
(26) Nominee’s Telephone Number.
Signature And Acknowledgment
(27) Signature. The Alabama Principal should engage a thorough review of the completed appointment and any attachments developed. If he or she is satisfied that the Attorney-in-Fact appointment has been accurately completed, then he or she must sign his or her name before a Notary Public.
(28) Signature Date. As soon as the Alabama Principal signs the signature line, he or she must record the current calendar date.
(29) Name Printed. The full name of the Alabama Principal should be supplied in print.
(30) Address And Telephone Number. Finally, the Alabama Principal should supply his or her complete contact address and phone number.
Notary Public
(31) Notarizing The Principal Signature. The Notary Public present for the document execution will complete this process by notarizing the signature provided.
(32) Preparer. The full name of this document’s Preparer should be recorded. This is the individual who has physically reported the required information to the completed designation form.
Agent’s Certification As To Validity
(33) Notary Action. The Notary Public will be needed to begin the Agent’s Certification section by recording the location of the Attorney-in-Fact’s signing. Several pieces of information will be needed to complete this area.
(34) Name Of Agent. The full name of the Alabama Attorney-in-Fact should be presented in the preparation of the acknowledgment statement. This should appear exactly as it was entered in the appointment form.
(35) Name Of Principal. The entire name of the Alabama Principal is required.
(36) Power Document Date. The declaration statement made by the Attorney-in-Fact requires the Principal’s signature date reported to properly identify the appointment this acknowledgment concerns.
(37) Alabama Agent Comments. The Attorney-in-Fact named by the Principal may have comments or statements regarding the role he or she is being assigned. If so, they should be documented in this acknowledgment prior to the Attorney-in-Fact’s signature.
(38) Agent’s Notarized Signature. If the Alabama Attorney-in-Fact is able to verify that all the statements in the acknowledgment are true, then he or she should sign this paperwork as a Notary Public watches.
(39) Notary Completion. Once the Alabama Attorney-in-Fact has signed his or her name, the observing Notary Public will notarize the signature.
Related Forms
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