The power of attorney form is a document through which an individual (principal) can nominate another (agent) to represent them and act in their name in legal, financial, business and real estate transactions when they are absent or incapacitated and can no longer take decisions on their own.
Citizens of Alabama are allowed to exercise these powers as prescribed by the laws of the state. In this article, a lot more about the Alabama power of attorney will be discussed.
What is an Alabama Power of Attorney?
The power of attorney Alabama is exercisable according to the contents of Title 26, Chapter 1A of the Uniform Power of Attorney Act.
Usually, a principal nominates as agent their spouse, relative or friend they feel are capable and can represent their best interest. For a general power of attorney, the powers granted to the agent are revoked upon incapacitation of the principal. If durable, the agent continues to act in the name of the principal beyond when the principal becomes incapacitated.
How Does The Alabama Power of Attorney Work?
Regardless of where the Alabama power of attorney form is picked up from, the agreement between the principal and the agent is legally binding if the following requirements are met:
- Document is signed by both principal and agent
- Signatures are appended by both principal and agent in the presence of a notary public or at least one witness outside the agent.
- All parties involved including principal, agent, and witness are at least 19 years old.
A power of attorney form Alabama might be used by anyone who needs an agent to represent them for:
- Health reasons
- Time-sensitive actions
- Financial transactions when they are out of the country
Types of Alabama Power of Attorney
General power of attorney:
In Alabama, a general power of attorney form is used to grant an agent powers only over the finances of the principal.
Durable power of attorney:
Using this form, a principal may grant powers to act on their behalf in all matters or specific matters beyond when they become incapacitated. There are two types of durable power of attorney in Alabama namely a general one and another for healthcare (medical power of attorney Alabama).
Parental power of attorney:
This form is used by a principal to allow a relative or friend to act as the guardian for their minor child for a period, usually not more than one year.
Tax power of attorney:
This form can be used to allow an attorney-in-fact act on behalf of the principal in matters relating to tax submissions.
Vehicle power of attorney:
Formerly known as the MVT 5-13 form, this form allows an agent to handle all matters relating to the principal’s vehicle with the Alabama Motor Vehicle Division.
Why Is the Alabama Power of Attorney Important?
An Alabama power of attorney is important for the following reasons:
- Makes the intent about their properties, health and businesses as clear as possible
- Reassures the principal of the safety of his/her assets
- It’s helpful in estate planning
Alabama Power of Attorney Requirements
Asides signing in the presence of a notary public or at least one witness, there are other requirements to be met for an Alabama power of attorney to be valid. One such is the age. Unlike other states in the US, an individual is not legally an adult until they have attained age 19. Hence, both principal and agent must be at least 19 years old.
The power of attorney must also be recorded as prescribed by Section 35-4-28. All completed Alabama power of attorney forms must be recorded in the Office of the Probate Judge of the Country.
Are you looking to draft an Alabama power of attorney form but have come across only general forms that do not reflect that they are customized for Alabama alone? Stress no more. CocoSign has several Alabama eforms you can download for free.
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