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An Ordinary Power of Attorney is only valid as long as the principal is capable of acting for him or herself and will end automatically when the principal becomes mentally incapacitated or dies.A Durable Power of Attorney remains in force even after the principal later becomes mentally incapacitated and ends automatically when the principal dies or is revoked by notifying your Agent in writing.
POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975.This power of attorney does not authorize the agent to make health care decisions for you. Such powers are governed by other applicable law.You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you lose capacity, die or revoke the power of attorney or the agent resigns or is unable to act for you.Your agent is entitled to reimbursement of reasonable expenses and reasonable compensation unless you state otherwise.This form provides for designation of one agent or co-agents. Co-agents are not required to act together unless you include that requirement.If all your agents or co-agents are unable or unwilling to act for you, your power of attorney will end.This power of attorney becomes effective immediately unless you state otherwise.If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
THIS Power of Attorney is given by me, ____________________ (the "Principal"), presently of ____________________, _______________, in the State of Alabama, on this ________ day of ________________, ________.
Initials
IN WITNESS WHEREOF I hereunto set my hand and seal at the City of ____________________ in the State of Alabama, this ________ day of ________________, ________.
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness: ______________________ (Sign)
Witness Name: ______________________
Address: ___________________________
__________________________________
___________________________________
____________________ (Principal)
NOTARY ACKNOWLEDGMENT
IMPORTANT INFORMATION FOR AGENT
Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:
(Principal's Name) by (Your Signature) as Agent.
Unless the instructions contained in this power of attorney state otherwise, you must also:
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
Liability of Agent
The meaning of the authority granted to you is defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975. If you violate the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975, or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OFATTORNEY AND AGENT'S AUTHORITY
STATE OF ALABAMACOUNTY OF ________________
I, __________________ certify under penalty of perjury that ____________________ granted me authority as an agent or successor agent in a power of attorney dated this ________ day of ________________, ________.
I further certify that to my knowledge:(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and(4) __________________________________________SIGNATURE AND ACKNOWLEDGMENT
_____________________________________Agent's Signature Date_____________________________________Agent's Name Printed_____________________________________Agent's Address_____________________________________Agent's Telephone Number
This document was acknowledged before me this ________ day of ________________, ________by _______________________________________________ (Seal, if any)Signature of NotaryMy commission expires: ____________________
Last updated December 30, 2024
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A Power of Attorney (POA) is a document that allows one person to appoint another person to act on their behalf concerning finance, real estate, business, and more.
Within a Power of Attorney, if you are the one granting authority to a representative, you are called the principal. The personal representative you appoint is called the attorney-in-fact (also known as the agent or mandatory, depending on your state).
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Although many different situations can prompt a person to create a Power of Attorney document, POAs are used to allow someone to act on your behalf when you are not available or capable to act for yourself. You might want to consider making a POA if:
A Power of Attorney is critical to have in the event of unforeseen circumstances, and thus, is often a key document in one’s Estate Plan. For example, if you suddenly become ill or are involved in a serious accident, having a Durable Power of Attorney in place will allow your attorney-in-fact to manage your affairs until you are better.
Not all Power of Attorney documents grant the same level of power. You can grant your representative the ability to act in any or all of the following areas:
A Power of Attorney can also give your attorney-in-fact other powers, such as:
There are two main kinds of Power of Attorney documents: an ordinary POA and a durable POA.
An Ordinary Power of Attorney is valid as long as the principal is competent (meaning they’re capable of making their own decisions and not incapacitated).
A Durable Power of Attorney (also called an Enduring Power of Attorney) is valid regardless of whether you, the principal, are competent. This validity means it will remain in effect even if you become incapacitated. A Durable Power of Attorney remains in effect until you revoke it or die.
All Power of Attorney documents are either Ordinary or Durable. However, there are also three different terms that describe how and when the Power of Attorney can be used:
A General Power of Attorney gives an attorney-in-fact the authority to make any of your decisions regarding finances and property.
A Specific Power of Attorney provides an attorney-in-fact with the control to make decisions for a particular purpose (e.g., buying or selling a piece of property).
A Springing Power of Attorney means the principal chooses when their Power of Attorney (either Ordinary or Durable) comes into effect, usually on a specific date or when you become incapacitated. For a Power of Attorney to come into effect after you become incapacitated, it must be Duable.
It’s essential to know the differences between the documents and to make sure you have the right Power of Attorney for your situation.
Choosing a General or Specific Power of Attorney may depend on:
To choose an attorney-in-fact, you must consider your options carefully. Aside from your personal preferences, there are also legal requirements for who you select.
Your attorney-in-fact may not:
You can name more than one attorney-in-fact if you believe that different people will better handle certain decisions or transactions.
You may also name a fiduciary, such as an accountant, lawyer, or other professional as your attorney-in-fact if you wish.
Notarization requirements for Power of Attorney vary by state. Some states require only two witnesses or a notarization, whereas some states require both. If your state requires your POA to be notarized, our questionnaire will include a section at the end of your document for notarization.
You can also notarize your Power of Attorney using an online notary.
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