Section 26-1A-213 - Personal and family maintenance. Universal Citation: AL Code § 26-1A-213 (2018) Section 26-1A-213 Personal and family maintenance. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
Full Answer
1. What law governs powers of attorney? A power of attorney (“POA”) is a written instrument by which one person (the “principal”) grants to another person or persons (the “agent” or “attorney-in-fact”) authority to act for and in the place of the principal.
While Alabama does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Alabama law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad.
A durable power of attorney (POA) allows a person (agent, usually denominated as attorney-in-fact) to conduct your affairs if you are not present or not able. Durable means it is not terminated by the principal's incapacity.
A durable power of attorney is a legal document that allows another person to speak or act on your behalf. That person is your “agent” or “attorney in fact.” The two types are the health care and financial power of attorneys.
While it's not mandatory to appoint and legally register a POA in the state of Alabama, any Huntsville attorney would strongly advise that you do. You'll need a power of attorney if you become mentally incapacitated and cannot manage your financial, business, real estate, and even personal affairs.
If you're aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself, you can arrange for someone else to make these decisions for you in the future. This legal authority is called "lasting power of attorney".
For legal advice, you should call a lawyer. To apply for free legal services in Alabama, call the Legal Services Alabama office that is closest to where you live OR call toll-free 1-866-456-4995. You can also apply online HERE.
Yes, you can name more than one person on your durable power of attorney, but our law firm generally advise against it under most circumstances. First, there is no legal reason why you cannot name more than one person as your power of attorney - you can name 10 people if you want.
Updated September 08, 2022. An Alabama power of attorney allows an individual to designate someone else, an “agent”, to handle important decisions on their behalf. This form is most commonly used by a person who would like to have an agent represent them if they are not able to for health reasons, not being able to appear at a specified location, or when time-sensitive action is needed.
Section 26-1A-301Power of attorney form.. A document substantially in the following form may be used to create a power of attorney that has the meaning and effect prescribed by this chapter.
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.
Terms Used In Alabama Code > Title 26 > Chapter 1A - Alabama Uniform Power of Attorney. Acquittal: . Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
General: Alabama has adopted the Uniform Power of Attorney Act and may be found in Ala. Code 26-1A-101 et. seq. Execution: This power of attorney must be in writing, signed by the principal, dated and notarized. The Principal should sign the power of attorney in the presence of the notary or other person taking the acknowledgment. Recording: This Power of Attorney must be recorded to be valid ...
One of the purposes of the Uniform Power of Attorney Act is promotion of the portability and use of powers of attorney. Section 106 makes clear that the Act does not affect the validity of pre-existing powers of attorney executed under prior law in the enacting jurisdiction, powers of attorney validly created under the law of another jurisdiction, and military powers of attorney. While the effect of this section is to recognize the validity of powers of attorney created under other law, it does not abrogate the traditional grounds for contesting the validity of execution such as forgery, fraud, or undue influence.
Section 104 establishes that a power of attorney created under the Act is durable unless it expressly states otherwise. This default rule is the reverse of the approach under the Uniform Durable Power of Attorney Act and based on the assumption that most principals prefer durability as a hedge against the need for guardianship. See also Section 107 Comment (noting that the default rules of the jurisdiction’s law under which a power of attorney is created, including the default rule for durability, govern the meaning and effect of a power of attorney).
One of the purposes of the Uniform Power of Attorney Act is promotion of the portability and use of powers of attorney. Section 106 makes clear that the Act does not affect the validity of pre-existing powers of attorney executed under prior law in the enacting jurisdiction, powers of attorney validly created under the law of another jurisdiction, and military powers of attorney. While the effect of this section is to recognize the validity of powers of attorney created under other law, it does not abrogate the traditional grounds for contesting the validity of execution such as forgery, fraud, or undue influence.
Section 104 establishes that a power of attorney created under the Act is durable unless it expressly states otherwise. This default rule is the reverse of the approach under the Uniform Durable Power of Attorney Act and based on the assumption that most principals prefer durability as a hedge against the need for guardianship. See also Section 107 Comment (noting that the default rules of the jurisdiction’s law under which a power of attorney is created, including the default rule for durability, govern the meaning and effect of a power of attorney).