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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.
An Alabama durable statutory power of attorney form allows an individual to act in the principal's place for broad or specific financial powers. The form has the 'durable' use that remains in effect even if the principal is no longer able to make decisions for themselves due to mental instability.
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) ...
The principal can override a power of attorney at any time as long as have sufficient mental capacity to understand what they are doing.
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.
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.
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.