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An Alabama Power of Attorney form is a legal document that allows an individual to convey legal authority to someone else to act on their behalf. The individual charged with this responsibility is often referred to as an "Agent" and will make decisions based on the authority given to them. In Alabama, Title 26 of the Alabama Code sets the standard and governing boundaries for power of attorney documents written in the state. These statutes declare that when using various types of power of attorney documents, certain wording must be used in order for the document to be realized as the intended power of attorney. For example, a durable power of attorney must contain some of the following language:
"This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal."
"This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal."
This language indicates that the power of attorney will not be voided if the Principal falls into an incapacitated state.
Each type of power of attorney document implemented in Alabama carries different signing requirements. However, the majority of these documents require a signature from either two (2) witnesses or notarization from a notary public.
The first piece of information needed to complete an Alabama Power of Attorney is the Principal's information. This will consist of his or her full name, address, and telephone number. Next, the Principal will appoint the Agent by providing his or her full name, address, and telephone number. Once the Agent has been identified, the Principal will then describe the powers that he or she is conveying. Now that all of the necessary information has been provided, the Principal may sign the document, followed by two (2) witnesses so that the validity of the power of attorney may take effect.