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Don’t let your healthy life devoid of complications, single lifestyle, or your successful business close your mind off the fact that anything can happen to you. And when an unplanned and an unavoidable thing happens to you, you will appreciate having someone give orders as you would; whether at the hospital or in your business.
Power of Attorney – A document that will guide your best friend, business partner or your family should you lose your ability to communicate and act on your wishes. A POA refers to a legal document which lets you appoint a trustworthy person to take care of your affairs in the event of incapacitation or unavailability. The person you task with the big decisions about your health care, child (if any), or finances is your attorney-in-fact or agent, and you are the principal.
What happens when you don’t trust anyone to take care of your affairs?
Well, the POA is still going to protect you. This document is legally binding, and your agent must act according to your wishes. Failure to do so may result in dire legal consequences.
You can also trust the document because the free power of attorney form in Alabama lets you choose exactly what you want someone else to control and for how long. Also, most powers of attorney are structured such that the agent can only act on the powers of the document when you are unable to. What this means is this: though you sign the document years or months in advance, the powers are only executable following your incapacitation or unavailability.
As mentioned above, you only sign off powers to a specific aspect of your life. That brings us to the types of powers of attorney available in the state of Alabama.
Alabama Durable Power of Attorney Laws
A durable POA document, also called the DPOA refers to a legally binding document lets another person act and speak as if you were present. Under the details of the free Alabama power of attorney form, you will note that the DPOA comes in two forms. One DPOA covers the health directives while the other has directives over a principal’s financials.
The healthcare DPOA is the document that will dictate what happens to you if you are unconscious or not in control of your facilities medically. Like your living will, it will guide your attending physician consenting to or refusing to consent to treatments and medical procedures.
The financial DPOA will authorize your agent or confidant to carry out different financial tasks on your behalf. The financial DPOA guides on purchase or sale of real estate, payment of bills, processing payments, and an agent can also sue on behalf of the principal.
Like every other American state, the state of Alabama has laws which regulate the creation, revocation and the contents of a DPOA. The laws are under the section 26-1-2 of the durable POA in the codes.
The state allows the agent power to agree or refuse to withhold, provide or withdraw any life-supporting medical procedures and treatments. An agent can also decide what happens to the diseased body.
However, the state laws don’t subject the agents to civil liability or criminal prosecution, on condition that they don’t try to conceal, falsify, forge, revoke, or amend the POA without the principal’s consent. Involvement in any of these fraudulent acts will result in criminal and civil penalties.
DPOA Legal Requirements
To make another person your proxy, you need to prepare and sign a document. The words used in the document should show that the POA will be executable, the incapacity, incompetence or the principal’s disability notwithstanding.
Alternatively, the terms used should show that the intention and use of the document should only take place if the principal becomes incapacitated.
Revocation of the DPOA
A principal can revoke the DPOA in the event of a family conflict, if the principal’s agent or their successor passes on, moves away, or if the agent relinquishes the power given.
To revoke the DPOA, you have to prepare a written revocation notice with your signature. It should be dated. In your absence, someone else can sign the document as per your direction.
Burning, obliterating, tearing it apart indicates your intention to revoke the document.
The POA is also deemed revocable if you express your intention to revoke it verbally in the presence of an adult witness (19 years or older). The witness has to sign a dated notice to confirm this.
An older POA is revoked if you wish to name your spouse as your agent rather than your parent
Legal separation or divorce will revoke the document automatically.
Interstate validity: if the healthcare directives from a different state comply with the rules in Alabama, then it can be used. Practices prohibited in the state of Alabama will not be authorized.
Hospital procedures: the state prohibits medical practitioners, insurance providers, and hospitals from forcing patients to have DPOA.
Doctors acting in good faith under the agent’s directives are not liable criminally or civilly.
Alabama Limited POA Law
This POA gives an agent authority over a specific affair, and the powers are only acted upon when the principal is incapacitated or unavailable. It’s revocable through the issuance of a signed and dated revocation notice to the agent and involved third parties.
Alabama POA For Stock Transaction Law
This law is under the Alabama section code 26-1A-206. It gives the agent different powers ranging from:
Purchase, exchange, and sale of bonds and stocks
Establishment, continuation, modification, or the termination of stock and bond accounts
Receiving certificates and other documents or pledging bonds and stocks to pay, borrow, renew, or extend the time to pay off the principal’s debt
Exercising voting with regards to bonds and stocks using a proxy or in person, among others.
So, are you a resident of Birmingham, Montgomery, Huntsville, Mobile, Tuscaloosa, Hoover, Dothan, Auburn or any other city of Alabama looking for a POA document? Our free online power of attorney forms are ready for you.