Free Alabama Durable Power of Attorney Forms
Alabama Uniform Power of Attorney - the law provides details about the different POAs in Alabama, including the durable POA. According to the law, “durable means not terminated by the principal’s incapacity” (2012 Alabama Code § 26-1A-102). The same law defines incapacity as “the inability of an individual to manage property or business affairs.”
Signing Requirements in Alabama
The Alabama durable POA must be signed by the principal. If for any reason they are unable to physically sign the form, they may appoint another to sign on their behalf as long as the principal is present when the document is signed.
In addition, the durable POA must be signed in front of a notary public. The law states: “A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments” (2012 Alabama Code § 26-1A-105).
How To Write a Durable POA in Alabama
A durable POA is an important document because it prevents the disruption of the principal’s affairs in case the principal becomes incompetent. It is also essential for healthcare because it serves as an agent’s permission to make medical decisions on behalf of the principal.
Here are the steps involved in creating a durable POA:
1. Choose Your Agent
Picking an agent is crucial for the continuity of the principal’s business or medical treatments. In many cases, they are made to apply to both. When the principal becomes incapacitated, the agent acts on their behalf in business, financial, legal, and other important transactions.
In healthcare, the agent is responsible for deciding on the principal’s medications, treatments, surgeries, and other procedures. The agent may also have the difficult task of making end-of-life care decisions.
Most principals choose a family member as their agent, but the principal can appoint anyone as their agent as long as the person is someone they trust with their life and money.
Principals can also choose multiple agents in case one is indisposed.
2. Discuss the Duties and Compensation of Your Agent
Principals can make a blanket declaration that gives an agent broad authority over many affairs, or they can make a list of specific responsibilities.
The agent’s compensation should also be reflected in the POA. Agents are entitled to an honorarium for the responsibility given to them. They may also be refunded for the food, transportation, and lodging expenses they incur when carrying out their duties.
3. Download the Alabama Durable POA Template
Find a printable template of the Alabama durable POA form for convenience. The template already has the necessary wordings that make the document legal and acceptable in Alabama. All you need to do is customize it with your details, such as your name, the name of your agent, and the specific tasks you want your agent to perform.
4. Sign the Document
After a final reading of the document, the principal should sign it. In cases where the principal cannot sign the document, they can designate someone else to affix their signature, but the act must be done in their presence and with their consent. A notary public must also be present to validate the legality of the durable POA in Alabama.
5. Use the Alabama Durable POA
As a principal, you must keep a copy of the Alabama durable POA and provide your agent with a copy. Whenever the agent makes decisions on behalf of the principal, a copy of the document must be presented as evidence.