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Alabama Springing Power of Attorney Form

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Alabama Springing Power of Attorney Form
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Updated March 15, 2024

An Alabama springing power of attorney is a legal document allowing a person (principal) to choose someone else (agent) to represent their financial decision-making when they can no longer do so. The term “springing” means the form springs-into-action when the principal becomes incapacitated or mentally disabled.

Permitted in Alabama?

Yes, a power of attorney can be made to be effective on a future event or contingency.[1]

Signing Requirements

Must be signed in the presence of a notary public.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:

(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]

Sources

  1. § 26-1A-109
  2. § 26-1A-105
  3. § 26-1A-102(5)