This General Durable Power of Attorney for Property and Finances Effective upon Disability form is a general, durable power of attorney which is effective, or springs into effect, ONLY upon the principal's disability, incompetency or incapacity. You can use this form to appoint an attorney-in-fact (agent) to make decisions regarding property, financial, management, banking, business and other matters for you. The powers granted to an Agent in this Power of Attorney are very broad, but this Power of Attorney does NOT provide for health care services.
Alabama Durable Power Of Attorney Without Mental Capacity
Category:
State:
Alabama
Control #:
AL-P003
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Word;
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An ordinary power of attorney is only valid while you have the mental capacity to make your own decisions. If you want someone to be able to act on your behalf if there comes a time when you don't have the mental capacity to make your own decisions you should consider setting up a lasting power of attorney.
Durable Power of Attorney forms which identify a decision maker related to medical decision- making (as part of a Medical Advance Directive) are available to patients and their families in the hospital. To obtain a form, you may ask your nurse.
While Alabama does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Alabama law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuinemeaning your POA is more ironclad.
The laws governing PoA forms vary in each state; however, in Alabama, your Power of Attorney will require notarization. If your agent will have the ability to handle real estate transactions, the Power of Attorney will need to be signed before a notary and recorded or filed with the county.
Can I get power of attorney without consent of the donor? No! This is similar to the situation of someone having lost their mental capacity. If someone is lacking in mental capacity, they can't make a valid decision to appoint you as attorney.
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This power of attorney does not authorize the agent to make health care decisions for you. Under current Alabama law, a power of attorney is durable unless it expressly states that it is not durable.Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Without a durable power of attorney, if you become incapacitated, no one can represent you unless a court appoints a conservator or guardian. To create and sign a Durable Power of Attorney (DPOA), you must be "competent," also referred to as "of sound mind.