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Alabama Power of Attorney

An Alabama Power of Attorney can help you create a zone of certainty in uncertain times by making it possible for you to name a trusted friend, partner, or family member to act or make decisions for... Read More

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Making an Alabama Power of Attorney

  • What is an Alabama Power of Attorney?

    An Alabama Power of Attorney can help you create a zone of certainty in uncertain times by making it possible for you to name a trusted friend, partner, or family member to act or make decisions for you. A serious illness, a sudden hospitalization, or just a pre-planned international trip can potentially make it impossible for you to personally manage your own financial, legal, or healthcare matters. A Power of Attorney is one way to ensure that no matter what happens, your named representative (your Agent) has the authority to act on your behalf.

    While you retain the ability to decide whether you would like your Power of Attorney to be limited or durable, Alabama law automatically assumes your Power of Attorney is durable, unless it expressly states that it will end if you become incapacitated. A "Durable" Power of Attorney is one that remains legally enforceable even if you, the "Principal," are incapacitated.

  • How do I get a Power of Attorney in Alabama?

    You may use the free Rocket Lawyer Alabama Power of Attorney document if:

    • You wish to give someone broad authorization to act for you if you are absent or incapacitated.
    • You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
    • You wish to authorize someone to act on your behalf if you become legally incompetent or incapacitated.
  • Do I have to get a lawyer for a Power of Attorney?

    You do not have to hire a lawyer in order to create an Alabama Power of Attorney document. Rocket Lawyer will help you create a Power of Attorney that meets Alabama's legal requirements.

    There are several statements after the Power of Attorney itself which detail the various implications of the document, and inform you of your right to consult with a lawyer if you should need additional explanation or have further questions. If you have specific questions about the terms in your Power of Attorney, you can ask a lawyer.

  • Does a Power of Attorney need to be recorded in Alabama?

    An Alabama Power of Attorney does need to be recorded if the Agent will be purchasing property or engaging in other transactions like that. Before it is recorded, however, it must meet several other criteria. The Alabama Power of Attorney must:

    • Be in writing
    • Signed by the Principal (in the presence of a notary)
    • Dated
    • Notarized

    The Power of Attorney should be recorded in the Office of the Probate Judge of the County where the property is located.

  • Is a Durable Power of Attorney still valid after death?

    A Durable Power of Attorney is still valid after the Principal becomes mentally incapacitated. However, once the principal dies, the Power of Attorney ends, and whatever estate documents are in place, such as a will, take effect. If there is no will in place when the Principal dies, then the laws of intestacy in the state of Alabama take over.

    However, the Alabama Power of Attorney does contain provisions that obligate the Agent to act in accordance with the intent of the Principal's estate, to the extent that the Agent is aware of such matters. For example, if the Agent knows that the Principal wishes to leave his or her house to heirs, then the Agent should consider whether the same financial goals being pursued could be achieved by not selling the house.

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