Power of Attorney in Alabama

The Alabama statutory form

Alabama statutory form power of attorney — Ala. Code §26-1A-301. Durable unless the form says otherwise; powers granted by initialing each subject.

The statutory form is the one banks and recorders in Alabama see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.

How to sign a power of attorney in Alabama

The Act presumes a signature is genuine when acknowledged before a notary (§26-1A-105). It does not strictly require notarization, but banks, probate courts and recorders will not act on an unnotarized form.

No witnesses are required for a financial power of attorney.

Online notarization in Alabama

Alabama gives an acknowledgment taken before a notary of another state the same effect as one taken in Alabama (Ala. Code §35-4-26), and that provision — not Alabama's own in-state remote-notary rule (§36-20-73.1) — is what applies to an online notarization performed under Florida law.

Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for Alabama signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; Alabama honors it under the recognition rule above. Details for this state are on the Alabama online notarization requirements page.

Using it for real estate

A power of attorney used to sign a deed or mortgage must be acknowledged and is recorded with the probate judge in the county where the land lies (§35-4-50 et seq.).

Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.

Medical power of attorney in Alabama

Alabama's advance directive for health care (§22-8A-4) must be signed before two adult witnesses; no notary is required. The agent, a relative, an heir and the attending health-care provider may not witness.

What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.

Revoking a Alabama power of attorney

Revoke in writing and give notice to the agent and anyone relying on the document; record the revocation where the original was recorded. A later power of attorney does not revoke an earlier one unless it says so (§26-1A-110).