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The short answer is no, a Power of Attorney dies with the person. A Power of Attorney is a document that grants another person permission to act on their behalf, during life, thus when that individual passes away, the document is null and void.
Steps for Making a Financial Power of Attorney in Alabama Create the POA Using a Statutory Form, Software, or Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact. ... File a Copy With the Land Records Office.
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.
File a Copy With the Land Records Office If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county or counties where you own real estate.
A durable power of attorney, or durable POA, gives someone permission to make financial or health care decisions for you if you become temporarily or permanently incapable of managing your own affairs. Unlike a regular power of attorney, a durable POA stays in effect even if you become incapacitated.
The principal can override a power of attorney at any time as long as have sufficient mental capacity to understand what they are doing.
If you do not choose a healthcare decision maker and are too sick to make your own decisions, your care team will turn to your family to make decisions for you ing to Alabama law in the following order: (1) spouse; (2) adult children; (3) parents; (4) adult brothers and sisters; (5) any next closest relative; (6) ...
Section 26-1-2(a) requires that in order to make the power of attorney durable, there has to must be language in the instrument indicating the principal's intent to do so. A healthcare power of attorney is governed by Sections 26-1-2 and 26-1-2.1.