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An Alabama power of attorney is a legal form that provides the authorization for an individual, referred to as the agent or attorney-in-fact, to make financial decisions, healthcare decisions, real estate decisions, or estate decisions on behalf of the individual granting the authority. An Alabama POA is often used during the estate planning process. However, there are other instances where a POA is a useful tool.
Quick Reference:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or attorney-in-fact.
An Alabama power of attorney must comply with Title 26, Chapter 1A of Alabama's Uniform Power of Attorney Act. The Alabama Uniform Power of Attorney Act provides extensive guidelines for every aspect of the power of attorney process, from how it is written to how it is terminated.
See the link above for an in-depth view of the exact laws and guidelines. However, a few key laws are listed below.
As the principal, you can specifically define which powers the agent can and cannot use on your behalf. You can also revoke (terminate) the power of attorney as long as you are competent. This remains true even if the power of attorney is durable. Additionally, termination of the POA occurs when:
There are several reasons why someone would use an Alabama power of attorney to give someone the ability to make decisions related to their tangible personal property, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
Each person’s power of attorney needs can be different. There are several types of powers of attorney available. Before choosing one, you should seek legal advice to ensure you choose the one that best suits your needs. You should also ask about how to revoke the POA in the event it becomes necessary. Here are the most common Alabama powers of attorney available.
General Power of Attorney
A general power of attorney grants the agent wide discretion to make decisions on behalf of the principal.
Alabama Durable Power of Attorney Form
An Alabama durable power of attorney form is used to allow an agent to act on the behalf of the principal in specified situations.
Limited or Special Power of Attorney
A limited or special power of attorney involves the agent being granted specific powers.
Parental Power of Attorney
A parental power of attorney is popular among parents and guardians who must leave the U.S for a period of time. In Alabama, this period must be less than one year.
Tax Power of Attorney
A tax power of attorney, officially known as Form 2848A, allows the agent, perhaps an accountant or other capable person to handle all tax submissions on the principal's behalf with the Alabama Department of Revenue.
Vehicle Power of Attorney
A vehicle power of attorney, officially known as form MVT 5-13, allows an agent to handle all affairs in relation to the principal's vehicle with the Alabama Department of Revenue, Motor Vehicle Division.
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