How do I create a power of attorney in Alabama?

Alabama adopted the UPOAA in 2012, modernizing what had been a sparse common-law-based system.

1. Governing Law

Ala. Code §§ 26-1A-101 to 26-1A-403 (Alabama Uniform Power of Attorney Act, effective 1/1/2012). Healthcare at Ala. Code §§ 22-8A-1 to 22-8A-14 (Natural Death Act / Advance Directive).

2. Types

General vs limited.

Durable vs non-durable.

Springing — permitted under § 26-1A-109.

Healthcare — separate Advance Directive for Health Care under § 22-8A-4.

3. Statutory Form

Ala. Code § 26-1A-301 provides the Statutory Form Power of Attorney. Use is optional; substantial conformity protects third parties.

4. Execution Formalities

Under § 26-1A-105, the POA must be signed by the principal (or by another in the principal's conscious presence and at the principal's direction) and acknowledged before a notary public. No witnesses required for the financial POA. Advance Directive under § 22-8A-4 requires two adult witnesses (not the agent, principal's relative, healthcare provider, or anyone entitled to inherit).

5. Durability

Under § 26-1A-104, a POA is durable unless it expressly provides that it is terminated by the principal's incapacity. Alabama follows UPOAA's default-durable rule.

6. Acceptance by Third Parties

Ala. Code §§ 26-1A-119 and 26-1A-120 mirror UPOAA § 120. Person may request agent certification, English translation, or counsel opinion within 7 business days, then must accept or reject within 5 business days. Wrongful refusal allows court-ordered acceptance plus attorney fees.

7. Revocation

Principal may revoke in writing (§ 26-1A-110). Recording in the Probate Court if real-estate POA was recorded. Notice to agent and third parties. Death, divorce of spouse-agent, or court-appointed guardian terminates.

8. Special Authorities

Section 26-1A-201 requires express grant for hot powers: create/amend/revoke a trust, make gifts, create or change survivorship rights, change beneficiary designations, delegate, exercise fiduciary powers, waive principal's right to be beneficiary of joint-and-survivor annuity, disclaim property.

This is legal information, not legal advice.