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Power of Attorney in Alabama

Have you ever wondered who would take care of your finances or make decisions for you if you become unable to do so for yourself? Don’t worry about leaving it up to whoever the law says has this right. Look into securing a power of attorney. This legal document allows you to prepare for any situation where you may need someone else to make decisions for you. With the help of an attorney in Alabama, you can easily set one up and get peace of mind today.

What Is a Power of Attorney?

The American Bar Association defines power of attorney as a document that gives the power to act on your behalf as a legal agent. This authority may either be temporary, or permanent. The result is that your designated agent can manage your affairs without your written approval.

Why Would You Need a Power of Attorney?

One of the reasons why you may pursue a POA is for convenience. For example, you may rather have someone manage your assets without securing your approval each time. Any Alabama POA can circumvent checks and balances, and allow someone to act on your behalf.

Another reason is when you are not able to make legally sound decisions. A POA provides you with security that a person of your choosing can do so for you. This arrangement is common for senior citizens. It also happens with people with severe physical or mental conditions that prevent them from making informed decisions.

Types of Power of Attorney

Not every POA grants the same powers to your agent. You can choose from different POAs to cater to what best suits your situation.

General Power of Attorney

A general POA grants an array of powers to the agent. This can include:

  • The ability to handle your financial matters and accounts
  • Power to manage your insurance needs
  • The ability to operate your business
  • The ability to make business decisions on your behalf
  • Power to hire or fire employees
  • The ability to settle claims against you
  • The ability to change your estate plan.

You may use this type of POA if you will be away for an extended period and need legal representation in Alabama to handle your affairs. This legal arrangement may happen during your absence. Or, it may occur in a situation where you cannot make the decisions on your own due to an illness or injury.

Special Power of Attorney

A special POA is more specific. You have the power to sign off on distinct powers granted to your agent. If you only want someone to sign off on real estate deals, for example, a limited power of attorney would be proper. You may use a special POA when you don’t have the time to deal with specific affairs due to time or health constraints.

There are also one-time agreements to give another party this legal power in Alabama. To illustrate, consider this example of an interaction with the Office of State Treasurer. You may want to sign a POA agreement while collecting unclaimed property.

Health Care Power of Attorney

This type of POA grants your agent the right to make all medical decisions on your behalf. It comes in handy when you are not conscious or are otherwise unable to make decisions regarding your health care. While state laws can differ, your POA could have the ability to make serious decisions, like ending life support.

You may use a health care POA if you are elderly or sick. You might find yourself in a situation where you can’t make decisions on your own. Power of attorney can transfer to your child or someone you trust so that care can continue in your best interests.

Durable Power of Attorney

A durable power of attorney enables the agent to control specified functions. DPOAs are useful if you anticipate losing your mental faculties, such as after an Alzheimer’s diagnosis. In essence, it acts as a preventative safeguard.

The Alabama Legislature has passed legislation that explicitly describes the creation of a DPOA. The steps to take are straightforward, but the execution needs to be exact. First, the principal needs to sign or have a proxy do so with their consent. Once you’re finished with that step, the signature requires verification from a notary public that it is genuine.

Choosing an Agent

The person you choose as an agent should be someone you trust. Often, people choose a family member. Your family members usually have your best interests in mind and are close to you. However, you can select any individual to be your POA. Keep in mind that whoever you choose will be in charge of managing your affairs and should be someone you trust to  honor your wishes.

Appointing Multiple Agents

As the principal in , you have the right to appoint multiple agents. You can choose whether they will act together or make independent decisions. Having more than one agent creates a system of checks and balances, ensuring that no single agent can make hasty decisions. However, this can also result in disagreements or delays, as the agents may not always agree.

At the very least, it is crucial to have a backup POA should something happen to your primary. A successor agent can take control once the primary agent either passes away or cannot carry out the duties of an agent.

Revoking a Power of Attorney in Alabama

You can revoke your power of attorney at any time, provided you are of sound mind. To do so, you must put the revocation in writing and file it with the same office in where your original POA paperwork was submitted.

In some cases, another party may attempt to revoke your POA, but this involves a more complicated legal process. They would need to prove in court that the agent acted in a way that jeopardizes your interests, which can be challenging to establish.

Alabama Code also has methods of revoking or keeping power of attorney depending on the situation. For instance, if the principal passes away, the attorney-in-fact retains their position. This status tends to last until the resolution of the decedent’s estate.

Using a POA to Protect Your Interests

You can include provisions in your agreement requiring your agent to report to an external party. For instance, a trusted family accountant or designated medical professional can serve in this role. This step provides an added layer of oversight, ensuring another party can review and monitor decisions made on your behalf.

Interactions with third parties often depend on the Alabama Uniform Power of Attorney Act. A frequent example is a refusal to complete a transaction without the principal. In general, an organization has to recognize the authority of the agent. However, they do not have to comply with a document that isn’t verified by a notary.

Do I Need a Lawyer to File POA in Alabama?

It is wise to consult with an attorney who specializes in Alabama trust or estate issues. POA paperwork can be complex, so having a dedicated Alabama legal professional can be helpful. A lawyer can also help you add provisions that safeguard your interests when you cannot look out for yourself.

Work with an Experienced Local Lawyer in Alabama

If you want to create a power of attorney, you should begin by speaking with an attorney. We can match you with an experienced Alabama who can help you navigate your POA. We can even help you connect with an attorney across Alabama state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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