{"id":371318,"date":"2016-03-31T21:34:18","date_gmt":"2016-04-01T02:34:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-durable-power-of-attorney-laws.html"},"modified":"2021-03-08T11:34:00","modified_gmt":"2021-03-08T16:34:00","slug":"alabama-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-durable-power-of-attorney-laws.html","title":{"rendered":"Alabama Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Alabama Durable Power of Attorney Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A durable power of attorney is a legal document that allows another person to speak or act on your behalf. That person is your \u201cagent\u201d or \u201cattorney in fact.\u201d The two types are the health care<\/a> and financial<\/a> power of attorneys.<\/p>\r\n

The first appoints a health care agent if you become incapacitated or unconscious and is like a \u201cliving will<\/a>\u201d because it can inform your doctor of the type of treatments you do or don\u2019t want, as well as appoint an agent. The second, the financial power of attorney, allows your trusted, appointed agent to do things like write checks, manage your assets, or sell real estate on your behalf. This document can be immediately effect or only spring into action once a doctor determines you\u2019re incapacitated, such as you have dementia.<\/p>\r\n

Alabama, like the other states, has state laws that regulate how a durable power of attorney can be created, revoked, and what can be included. The following table contains the main Alabama laws on health care Durable Powers of Attorney<\/a>.<\/p>\r\n\r\n
Code Section<\/b><\/td>\r\nAlabama Code Section 26-1-2: Durable Power of Attorney<\/a><\/td>\r\n<\/tr>
Agent Authority<\/b><\/td>\r\nAgents can authorize the providing, withholding, or withdrawal of life-sustaining treatments or artificially provided nutrition or hydration, and make all other health care decisions.
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\r\nAgents aren\u2019t subject to criminal prosecution or civil liability for their actions as agent, as long as they\u2019re acting under a valid power of attorney that they didn\u2019t try to falsify, forge<\/a>, conceal, amend, or revoke without consent of the principal. If they do try any of those fraudulent acts, they can be subject to both civil and criminal penalties.<\/td>\r\n<\/tr>
Legal Requirements for Durable Power of Attorney<\/b><\/td>\r\nThe durable power of attorney must designate another as his or her agent in writing with the words:
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\r\n"This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal."
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\r\nOR
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\r\n"This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal.\u201d
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\r\nThe second option is one that permits the document to become valid only upon the creator\u2019s incapacity. Similar words showing the intent that the power of attorney conferred are exercisable after the principal’s subsequent disability<\/a>, incompetency, or incapacity will also work.<\/td>\r\n<\/tr>
Revocation of Durable Power of Attorney<\/b><\/td>\r\nIt\u2019s possible to revoke<\/a> your Durable Power of Attorney. You may wish to do this when a family conflict occurs or when your appointed agent and any successor agents pass on, move far away, or decided they don\u2019t want to do it.
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\r\nYou can revoke a power of attorney by executing a written revocation signed and dated by yourself or another at your direction, or obliterating, burning, tearing, or otherwise destroying or defacing the document in a way indicating your intention to cancel the document. You can also do it verbally by expressing your intent to revoke the document in front of a witness over 19 years old who signs and dates a written document confirm your desire to revoke the document.
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\r\nA common time to change your durable power of attorney is upon marriage, when you previously had a parent as your agent, but now wish your spouse to be your health care agent. Any authority given to a spouse under a durable power of attorney is automatically revoked upon divorce<\/a> or legal separation.<\/td>\r\n<\/tr>
Validity from State-to-State<\/b><\/td>\r\nThese health care directives<\/a> prepared in other states are valid if in compliance with Alabama law or the law of the state created in. However, Alabama won\u2019t authorize the administration, withholding, or withdrawal of health care that\u2019s prohibited in Alabama.<\/td>\r\n<\/tr>
Denial of Medical Care Without Durable Power of Attorney<\/b><\/td>\r\nAlabama law prohibits doctors, hospitals, insurance providers, etc. from requiring a person create a durable power of attorney for health care decisions as a condition of receiving health care insurance or services.<\/td>\r\n<\/tr>
Immunity for Attending Physician<\/b><\/td>\r\nHealth care providers who rely in good faith on agent’s directions are immune from civil and criminal liability.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

You can create your own power of attorney using a form that walks you through the process<\/a>. If you need help drafting a durable power of attorney or other end-of-life planning documents, you should consult with an experienced Alabama estate planning attorney<\/a>.<\/p>\r\n

Note:<\/i><\/b> Because state laws are changing constantly, it\u2019s best to conduct your own legal research to verify these state law(s).<\/i><\/p>\r\n

Research the Law<\/h2>\r\n