The Alabama durable power of attorney form is mainly for financial purposes in order to “hand over” responsibility to all assets and accounts to a trusted individual. The form must be authorized by the attorney-in-fact and the principal, and witnessed by either (1) two non-blood-related witnesses or (2) a notary.
The document can either become effective immediately, or you can state that it will become effective on the happening of a certain event (such as your incapacitation). Unless the form specifies that the power is durable, it will end automatically upon death or incapacitation. A durable power ends upon the principal’s death.
A durable POA also ends in the event (1) that it is lawfully revoked; (2) of divorce (when your spouse is the designated attorney-in-fact); (3) that a court invalidates the document; or (4) that the named attorney-in-fact is no longer available.
This Act, which replaces the Uniform Durable Power of Attorney Act, does not contain the word “durable” in the title. Pursuant to Section 104, a power of attorney created under the Act is durable unless the power of attorney provides that it is terminated by the incapacity of the principal.