Power of attorney in Alabama: form, signing and powers

Words used in Alabama

In Alabama you name an agent for money and property in a power of attorney. For medical care, the Advance Directive for Health Care combines a living will and the naming of a 'health care proxy'. If an adult cannot decide and has no documents, the probate court can appoint a guardian of the person and a conservator of the estate.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property

Power of attorney; the statutory form is the 'Alabama Power of Attorney Form'

The person you choose

Agent (Alabama law also uses 'attorney in fact' for health care powers of attorney)

Health care

Advance directive for health care (living will and health care proxy); a health care power of attorney under Section 26-1A-404 names an 'attorney in fact'

Treatment wishes

Living will (Section 1 of the Advance Directive for Health Care)

Court-appointed decision-maker

Guardian (personal decisions) and conservator (property); the adult is an 'incapacitated person' or 'protected person'

Law and official form

Law

Alabama Uniform Power of Attorney Act

Uniform Power of Attorney Act

Yes

Official form

Alabama Power of Attorney Form (Ala. Code § 26-1A-301), with the Agent's Certification (§ 26-1A-302)Published by Alabama Legislature; no state agency copy found

You do not have to use it.

A document 'substantially in the following form may be used'. It covers property only, not health care. The form ends with a notary acknowledgment block and an information sheet for the agent.

Law: Ala. Code §§ 26-1A-101, 26-1A-103 (Act 2011-683); Ala. Code §§ 26-1A-301, 26-1A-302

Signing rules

How to sign

The Act requires only your signature. If you acknowledge your signature before a notary public, the signature is presumed genuine, and banks and others get the protections and duties that apply to an 'acknowledged' power of attorney. The statutory form includes a notary block.

Who signs

Signed by you, or in your conscious presence by another person you direct to sign your name.

Notary

Not required

Witnesses

None required

Agent's acknowledgment

No agent signature is required. A person accepts appointment by acting as agent or by other conduct showing acceptance, unless the document says otherwise.

Law: Ala. Code § 26-1A-113

Law: Ala. Code §§ 26-1A-105, 26-1A-119(a), 26-1A-301

Durable and springing

Is it durable?

A power of attorney under the Act is durable unless it expressly says it ends when you become incapacitated.

Law: Ala. Code § 26-1A-104

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

It is effective when signed unless it says it starts on a future date or event. You can name who decides that the event happened. If it starts on your incapacity and no one you named can decide, it starts when a physician or licensed psychologist, or an attorney, judge or appropriate government official, determines in writing that you are incapacitated.

Law: Ala. Code § 26-1A-109

What an agent can and cannot do

Needs express permission

• Create, amend, revoke or end a living (inter vivos) trust
• Create or change rights of survivorship
• Create or change a beneficiary designation
• Delegate authority granted under the power of attorney
• Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement plan survivor benefit
• Exercise fiduciary powers you have authority to delegate
• Make gifts beyond the limits in § 26-1A-217 (general gift authority covers only gifts up to the federal annual gift-tax exclusion per person)

No power of attorney can

Unless the power of attorney expressly says otherwise, an agent who is not your ancestor, spouse or descendant may not use it to give themselves, or someone they must support, an interest in your property. A power of attorney under the Act does not cover health care decisions; those are governed by § 26-1A-404 and the Natural Death Act.

Law: Ala. Code § 26-1A-201(b); Ala. Code § 26-1A-103(b)

Law: Ala. Code §§ 26-1A-201(a), (d), 26-1A-217

Agent duties, pay and court review

Agent duties

• Act according to your reasonable expectations, if known, and otherwise in your best interest
• Act in good faith and only within the authority granted
• Act loyally for your benefit and avoid conflicts of interest
• Use the care, competence and diligence ordinarily used by agents
• Keep a record of all receipts, payments and transactions
• Cooperate with your health care decision-maker
• Try to preserve your estate plan, if known and in your best interest
• Disclose records within 30 days when asked by you, a guardian, conservator or other fiduciary, a protective agency, a court, or after death your personal representative

Agent pay

Unless the power of attorney says otherwise, an agent is entitled to reimbursement of reasonable expenses and to reasonable compensation.

Law: Ala. Code § 26-1A-112

Asking a court to review an agent

You, the agent, a guardian or conservator, your health care decision-maker, your spouse, parent, descendant or presumptive heir, a beneficiary, a protective agency, your caregiver, a person asked to accept the power of attorney, or anyone else with sufficient legal interest can ask a court to construe it, decide whether it is valid, or review the agent's conduct. The court must dismiss the petition if you ask, unless it finds you lack capacity to revoke.

Law: Ala. Code § 26-1A-116

Law: Ala. Code § 26-1A-114

When it ends and how to revoke it

How to revoke a power of attorney in Alabama

Official forms in Alabama

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

• Alabama Power of Attorney Form (Ala. Code § 26-1A-301), with the Agent's Certification (§ 26-1A-302) · Published by Alabama Legislature; no state agency copy found

Health care directive

• Advance Directive for Health Care (Living Will and Health Care Proxy), Ala. Code § 22-8A-4(h) · Published by Alabama Legislature; no current state agency copy found · Version: Statutory text (Acts 1997-187 and later amendments)

Free help in Alabama

• Legal Services Alabama
• Code of Alabama (ALISON), Title 26 Chapter 1A, Uniform Power of Attorney Act
• Alabama DHR Adult Protective Services
• Find free legal aid at LawHelp.org

Report abuse or exploitation

Alabama Department of Human Resources, Adult Protective Services · 1-800-458-7214

More for Alabama

• Everything about powers of attorney in Alabama
• Health care directive
• Guardianship
• Signing checklist
• Revoke a power of attorney
• What is a power of attorney?
• Durable vs springing power of attorney