Alabama Power of Attorney Requirements & Free Form

Alabama requirements

• Alabama follows the Alabama Uniform Power of Attorney Act, Chapter 1A of Title 26 of the Code of Alabama, which applies to powers of attorney executed on or after January 1, 2012.
• The principal must sign the document, or another individual may sign the principal's name in the principal's conscious presence at the principal's direction (Ala. Code 26-1A-105).
• Notarization is not an absolute condition of validity, but a signature acknowledged before a notary public is presumed genuine under Ala. Code 26-1A-105, so signing before a notary is the practical standard.
• The execution statute does not require witnesses for a financial power of attorney.
• Durability is the default: under Ala. Code 26-1A-104 a power of attorney remains effective through the principal's incapacity unless it expressly states that it terminates on incapacity.
• If the document will be recorded for a real estate transaction, have it acknowledged before a notary and confirm recording requirements with the probate office in the county where the property sits.

Frequently asked questions

Does an Alabama power of attorney have to be notarized?

The statute does not make notarization a strict requirement, but a signature acknowledged before a notary is presumed genuine under Ala. Code 26-1A-105, and banks and county probate offices routinely expect a notarized document. Signing before a notary is strongly recommended.

Is a power of attorney durable by default in Alabama?

Yes. Under Ala. Code 26-1A-104, a power of attorney governed by the Alabama Uniform Power of Attorney Act stays effective if the principal becomes incapacitated, unless the document expressly says otherwise.

Official sources

• https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2011RS/PrintFiles/SB53-Eng.pdf