Alabama Durable Power of Attorney (Financial)

Last Updated: 6/8/2015

Document Description

Estate planning means more than determining what will happen to your estate when you’re gone. A thorough estate plan considers all facets of your life, including how you will manage your affairs when you’re still alive. Unexpected events such as an illness, injury, incapacitation or even an extended absence can make it difficult or impossible to handle your own finances. A financial power of attorney helps you prepare for circumstances such as these.

The Alabama Financial Power of Attorney allows you, the principal, to name an agent, or attorney-in-fact, to handle financial affairs on your behalf. You can continue to manage your finances, but the agent would also be a decision maker for you in as many or as few areas as you wish. At your discretion, the agent can withdraw funds from investment accounts, sign IRS documents, buy and sell your personal property, pay for your medical support and more. You can also add special instructions to limit or extend the agent’s powers.

This document explains the agent’s duties to the principal, including keeping the principal’s and the agent’s accounts separate and maintaining a record of all disbursements, receipts, and actions made on the principal’s behalf. It also specifies that the agent is entitled to reimbursement of reasonable expenses and allows you to add a successor agent if your first choice is unable to serve.

Your financial power of attorney can take effect as soon as you sign it, or when it is determined by a physician that you are no longer able to manage your affairs. Because this document is durable, its powers will continue even if you become incapacitated. You can revoke it at any time, and it ends automatically upon your death. In Alabama, if divorce occurs, any power your spouse held as your agent will be revoked.

Once you’ve signed your financial power of attorney, it’s a good idea to have it notarized, although that’s not required by the state of Alabama. You may also choose to have the agent and other witnesses sign it. You can then upload the signed copy of this and all of your estate planning documents to your ezEstatePlanner Vault for safekeeping. This easy-to-access location will allow you and the trusted individuals you choose the freedom to edit and print your documents whenever – and wherever - you want.

More information about free and low-cost civil legal aid in Alabama is available by visiting

  • AL Assist:

    Regulations and law that pertains to a power of attorney are governed by the Alabama Uniform Power of Attorney Act.

    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. An Alabama Power of Attorney must be recorded to be valid in Alabama. Section 35-4-28.
    *** The power of attorney is to be recorded in the Office of the Probate Judge of the County where the property is located.

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