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FAQ

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

If a person does not have capacity to sign a power of attorney,the only way for someone to obtain this legal authority is by filing a petition for guardianship and/or conservatorship, which begins a court proceeding.

What Are the Legal Requirements of a Financial POA in Alabama? Mental Capacity for Creating a POA. ... Notarization Requirement. ... 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.

A defendant is mentally incompetent to stand trial or to be sentenced for an offense if that defendant lacks sufficient present ability to assist in his or her defense by consulting with counsel with a reasonable degree of rational understanding of the facts and the legal proceedings against the defendant.

The specific guidelines and restrictions are different by state; however, in Alabama, your Power of Attorney will need to be signed by two witnesses. Witnesses cannot be anyone who is responsible for the cost of your medical care, nor should they be a spouse/relative, heir or any other beneficiary.

The Due Process in Competence Determinations Act (DPCDA), particularly Prob. C § 810-813, sets the standards for determining whether a person has the capacity to enter into a contract.

Powers of Attorney after death: Once the principal passes away, the role of the individual acting as the attorney-in-fact (the person granted the POA) typically ends. The POA does not grant the attorney-in-fact the authority to manage or distribute the deceased's estate.