Free Alabama Power of Attorney Form


Sample Alabama Power of Attorney

POWER OF ATTORNEY

IMPORTANT INFORMATION

This Power of Attorney authorizes another person (your Agent) to make decisions concerning your property for you (the Principal). The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975.

This Power of Attorney does not authorize the Agent to make health care decisions for you. Such powers are governed by other applicable law.

You should select someone you trust to serve as your Agent. Unless you specify otherwise, generally the Agent ‘s authority will continue until you lose capacity, die or revoke the Power of Attorney or the Agent resigns or is unable to act for you.

Your Agent is entitled to reimbursement of reasonable expenses and reasonable compensation unless you state otherwise.

This form provides for designation of one Agent or Co-agents. Co-agents are not required to act together unless you include that requirement.

If all your Agents or Co-agents are unable or unwilling to act for you, your Power of Attorney will end.

This Power of Attorney becomes effective immediately unless you state otherwise.

If you have questions about the Power of Attorney or the authority you are granting to your Agent, you should seek legal advice before signing this form.


THIS Power of Attorney
is given by me, _______________ (the “Principal”), presently of _______________, _______________, in the State of Alabama, on this _________ day of _____________, 20___.

    Previous Power of Attorney

  1. I REVOKE any previous Power of Attorney granted by me.
  2. Agent

  3. I APPOINT __________________, of ___________________________, __________________, Alabama, to act as my Agent.
  4. Governing Law

  5. This document will be governed by the laws of the State of Alabama. Further, my Agent is directed to act in accordance with the laws of the State of Alabama at any time he or she may be acting on my behalf.
  6. Liability of Agent

  7. My Agent will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence.
  8. Effective Date

  9. This Power of Attorney will start immediately and will cease to be in effect upon a finding of my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
  10. Powers of Agent

  11. My Agent has authority to do anything on my behalf that I may lawfully do by an Agent (the “General Power”).
  12. Specific Powers

  13. Without restricting its generality in any way, the following power(s) are specifically included within the foregoing General Power:

    Initial the line at each authority you grant

      X_____Real Estate Transactions

    1. To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:

       

      i.

      Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and

       

      ii.

      Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.

    2. X_____Maintain Property and Make Investments

    3. To retain any assets owned by me at the date this Ordinary Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Agent may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.

    4. X_____Banking Transactions

    5. To do any act that I can do through an Agent with a bank or other financial institution. This power includes, but is not limited to, the power to:

       

      i.

      Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;

       

      ii.

      Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;

       

      iii.

      Borrow money from any banking or financial institution if deemed necessary by my Agent, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;

       

      iv.

      Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities;

       

      v.

      Have access to any safe deposit box that I might own, including its contents; and

       

      vi.

      Create and deliver any financial statements necessary to or from any bank or financial institution.

    6. X_____Business Operating Transactions

    7. To take any action my Agent deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Agent. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.

    8. X_____Insurance Transactions

    9. To do any act that I can do through an Agent with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Agent was already a beneficiary of any policy before the signing of this document, my Agent cannot name himself or herself as a beneficiary of such policy.

    10. X_____Claims and Litigation Matters

    11. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Agent deems prudent, and to receive or pay any resulting settlement.

    12. X_____Tax Matters

    13. To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:

       

      i.

      Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and

       

      ii.

      Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.

    14. X_____Government Benefits

    15. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Agent sees fit, any proceeds of any claim.

    16. X_____Retirement Benefit Transactions

    17. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Agent cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.

    18. X_____Family Care

    19. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Agent. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.

    20. X_____Chattel and Goods Transactions

    21. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.

    22. X_____Estate Transactions

    23. To do any act that I can do through an Agent with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Agent cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent or my Agent’s estate.

    24. X_____Living Trust Transactions

    25. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.

    26. X_____Gift Transactions

    27. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    28. X_____Charity Transactions

    29. To continue to make gifts to charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    30. X_____Employ Required Professionals

    31. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Agent considers advisable.

      X_____Manage Real Estate

    32. To manage the property owned by me, or in which I have an interest, located at _____________________________________________________, and municipally known as _____________________________________________________. This power includes, but is not limited to, the power to receive rents, make repairs, pay expenses including the insuring of the property and generally to deal with my property as effectually as I myself could do; to take all lawful proceedings by way of action or otherwise, for recovery of rent in arrears, or for eviction of tenants; and to commence, carry on and defend all actions, suits and other proceedings touching my property or any part of it.

    33. X_____Manage Specific Financial Account

    34. To control my accounts with ____________________ Bank, located at _________________________________________, Account Number(s)__________________________________________. This power includes the authority to conduct any business with respect to any of my listed accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity, and to perform any act necessary to deposit, negotiate, sell or transfer any note, security or draft.

  14. Agent Compensation

  15. My Agent will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  16. Co-owning of Assets and Mixing of Funds

  17. My Agent may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  18. Personal Gain from Managing My Affairs

  19. My Agent is not allowed to personally gain from any transaction he or she may complete on my behalf.
  20. Delegation of Authority

  21. My Agent may not delegate any authority granted under this document.
  22. Agent Restrictions

  23. This Power of Attorney is not subject to any conditions or restrictions other than those noted above.
  24. Notice to Third Parties

  25. Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Agent as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal’s heirs, assigns, or estate as a result of permitting the Agent to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation of this Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation.
  26. Severability

  27. If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this document.
  28. Acknowledgment

  29. I, _______________, being the Principal named in this Power of Attorney hereby acknowledge:
    1. I have read and understand the nature and effect of this Power of Attorney;
    2. I am of legal age in the State of Alabama to grant a Power of Attorney; and
    3. I am voluntarily giving this Power of Attorney.

IN WITNESS WHEREOF
I hereunto set my hand and seal at the City of ________________ in the State of Alabama, this _________ day of _____________, 20___.

SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

   

__________________________________

___________________________________

   

_______________ (Principal)

       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

     

___________________________________

   


IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the Principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must:

  1. do what you know the Principal reasonably expects you to do with the Principal’s property or, if you do not know the Principal’s expectations, act in the Principal’s best interest;
  2. act in good faith;
  3. do nothing beyond the authority granted in this Power of Attorney; and
  4. disclose your identity as an Agent whenever you act for the Principal by writing or printing the name of the Principal and signing your own name as “Agent” in the following manner

    (Principal’s Name) by (Your Signature) as Agent.

Unless the instructions contained in this Power of Attorney state otherwise, you must also:

  1. act loyally for the Principal’s benefit;
  2. avoid conflicts that would impair your ability to act in the Principal’s best interest;
  3. act with care, competence, and diligence;
  4. keep a record of all receipts, disbursements, and transactions made on behalf of the Principal;
  5. cooperate with any person that has authority to make health care decisions for the Principal to do what you know the Principal reasonably expects or, if you do not know the Principal’s expectations, to act in the Principal’s best interest; and
  6. attempt to preserve the Principal’s estate plan if you know the plan and preserving the plan is consistent with the Principal’s best interest.

Termination of Agent’s Authority

You must stop acting on behalf of the Principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include:

  1. death of the Principal;
  2. the principal’s revocation of the Power of Attorney or your authority;
  3. the occurrence of a termination event stated in the Power of Attorney;
  4. the purpose of the Power of Attorney is fully accomplished; or
  5. if you are married to the Principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the instructions in this Power of Attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975. If you violate the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF
ATTORNEY AND AGENT’S AUTHORITY

STATE OF ALABAMA
COUNTY OF ________________

I, __________________, certify under penalty of perjury that _______________ granted me authority as an Agent or successor Agent in a Power of Attorney dated this _________ day of _____________, 20___.

I further certify that to my knowledge:

(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) if I was named as a successor Agent, the prior Agent is no longer able or willing to serve; and

(4) __________________________________________

SIGNATURE AND ACKNOWLEDGMENT

_______________________________________
Agent’s Signature Date

_______________________________________
Agent’s Name Printed

_______________________________________
Agent’s Address

_______________________________________
Agent’s Telephone Number

 

This document was acknowledged before me this _________ day of _____________, 20___

by __________________

_____________________________ (Seal, if any)
Signature of Notary

My commission expires: ____________________

WITNESS CERTIFICATE

I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Power of Attorney of _______________ dated this _________ day of _____________, 20___.
  2. I am an adult with capacity to witness the signing of the Power of Attorney and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Power of Attorney at the time the Power of Attorney was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Agent named in the Power of Attorney nor am I the Agent’s spouse or other family member.

_________________________

_________________________

(Signature of Witness)

(Date)


WITNESS CERTIFICATE

I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Power of Attorney of _______________ dated this _________ day of _____________, 20___.
  2. I am an adult with capacity to witness the signing of the Power of Attorney and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Power of Attorney at the time the Power of Attorney was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Agent named in the Power of Attorney nor am I the Agent’s spouse or other family member.

_________________________

_________________________

(Signature of Witness)

(Date)

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.

Agent’s Authority

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.

Sample

AL Power of Attorney

Personalize your Power of Attorney template.

Print or download in minutes.