Financial Power of Attorney - Alabama

Alabama Durable Financial Power of Attorney

I, [PRINCIPAL FULL LEGAL NAME], appoint the agent named below to act for me concerning my property and money under the Alabama Uniform Power of Attorney Act. This power of attorney is durable and is not terminated by my later incapacity (Ala. Code § 26-1A-104). It does not authorize health care decisions.

1. Principal and agent

Principal full legal name: [________________________________]

Principal address: [________________________________]

Principal telephone: [________________________________]

Agent full legal name: [________________________________]

Agent address: [________________________________]

Agent telephone: [________________________________]

If my agent is unwilling or unable to act, I appoint this successor agent:

Successor name: [________________________________]

Address: [________________________________] Telephone: [________________________________]

If that successor cannot act, I appoint this second successor:

Second successor name: [________________________________]

Address: [________________________________] Telephone: [________________________________]

If a successor's name is blank, I appoint no person in that position. Under § 26-1A-113, an agent accepts by acting or otherwise indicating acceptance; an agent acceptance signature is not an execution requirement.

2. General financial authority

Choose one route. For all subjects, check the first box and sign the authority line. For fewer subjects, check the second box and initial each chosen subject. If neither route is completed, this section grants no general financial authority. Authority remains subject to my limits below and Alabama law.

☐ All general subjects: I grant my agent authority to do all acts I could do in the subjects described by Ala. Code §§ 26-1A-204 through 26-1A-217, subject to § 26-1A-201. My signature for this grant: [________________________________]

☐ Only the subjects I initial below:

• ☐ [____] Real property
• ☐ [____] Tangible personal property
• ☐ [____] Stocks and bonds
• ☐ [____] Commodities and options
• ☐ [____] Banks and other financial institutions
• ☐ [____] Operation of an entity or business
• ☐ [____] Insurance and annuities
• ☐ [____] Estates, trusts, and other beneficial interests
• ☐ [____] Claims and litigation
• ☐ [____] Personal and family maintenance
• ☐ [____] Governmental, civil, or military benefits
• ☐ [____] Retirement plans
• ☐ [____] Taxes
• ☐ [____] Gifts, subject to the default limits and duties in § 26-1A-217

3. Specific authority — optional

The following acts require an express grant under Ala. Code § 26-1A-201(a). My agent may exercise only those I check and initial, and only to the extent otherwise permitted by law or the governing instrument. Section 26-1A-201(a)(2) is reserved in Alabama.

• ☐ [____] Create, amend, revoke, or terminate an inter vivos trust
• ☐ [____] Create or change a right of survivorship
• ☐ [____] Create or change a beneficiary designation
• ☐ [____] Delegate authority granted by this power of attorney
• ☐ [____] Waive my right to a joint and survivor annuity benefit, including a survivor benefit under a retirement plan
• ☐ [____] Exercise fiduciary powers that I may delegate

Unless I expressly provide otherwise below, an agent who is not my ancestor, spouse, or descendant may not use this power to create an interest in my property for that agent or a person the agent has a legal duty to support (§ 26-1A-201(b)). This form does not expressly authorize gifts above the default limits in § 26-1A-217.

4. Special instructions — optional

Additional limits, directions, or an effective date later than signing: [____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

If I leave this blank, there are no additional instructions and this power takes effect when executed (§ 26-1A-109(a)).

☐ I revoke all financial powers of attorney I previously executed. If I leave this box unchecked, signing this document alone does not revoke an earlier power of attorney (§ 26-1A-110(f)).

5. Instructions for my agent

My agent must act within the authority I grant, in good faith, and according to my reasonable expectations if known, otherwise in my best interest. Section 26-1A-114 imposes additional duties, including loyalty, care, and record keeping unless this document lawfully provides otherwise. The agent's authority ends on the events stated in § 26-1A-110. When signing for me, my agent should identify the agency relationship: [MY NAME] by [AGENT NAME], as agent.

6. Principal signature

I intend to create this durable financial power of attorney. I have completed the authority choices I intend to grant and sign it voluntarily. Under § 26-1A-105, I may sign myself, or another person may sign my name at my direction in my conscious presence.

☐ I signed myself. Signature: [________________________________] Date: [__/__/____]

☐ Another person signed my name at my direction in my conscious presence. Signer's name and signature: [________________________________] Date: [__/__/____]

Principal printed name: [________________________________]

Optional acknowledgment

A notarial acknowledgment is optional under § 26-1A-105, but it gives rise to a statutory presumption that the signature is genuine.

State of Alabama, County of [________________]. Acknowledged before me on [__/__/____] by [PRINCIPAL NAME], who personally appeared and was identified by [METHOD].

Notary signature: [________________________________] Commission expires: [__/__/____]

[NOTARY SEAL]

Alabama sources

• Alabama Uniform Power of Attorney Act, §§ 26-1A-101 et seq., especially § 26-1A-105, § 26-1A-201, and § 26-1A-301.