What the rule says
Alabama adopted the Uniform Power of Attorney Act effective January 1, 2012, codified at Ala. Code § 26-1A-101 et seq.
Default durability
An Alabama POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Ala. Code § 26-1A-201, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
Alabama law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Alabama POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare power of attorney is separate
Alabama separates property and healthcare frameworks. Healthcare decisions require a separate Alabama Advance Directive for Health Care under Ala. Code § 22-8A-1 et seq.
What happens without a POA
If an Alabama resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship under Ala. Code § 26-2A-1 et seq.
What you can do about it
For Alabama residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Advance Directive. - Update older POAs.
Who this affects most
Alabama's POA framework is most consequential for Alabama adults without executed POAs.