Alabama Durable Power of Attorney Form

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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.

Durability

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.

Durable Provision

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.

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