Fillable Printable Statutory Uniform Power of Attorney - Alabama

Statutory Uniform Power of Attorney - Alabama

Alabama Uniform Power of Attorney Act

On January 1, 2012, the Alabama Uniform Power of Attorney Act (the “Act”) became effective.

 The Act applies to all powers of attorney executed on or after January 1, 2012.

 Unless expressly provided otherwise, all powers of attorney are durable and thus not terminated by the

principal’s incapacity.

 A power of attorney is effective when signed, unless the power expressly indicates that it is springing.

 A power of attorney continues in effect even upon a long lapse of time since execution of the power of

attorney.

 Notarization is not required to create a valid power of attorney. However, an acknowledged power of

attorney is strongly encouraged because an acknowledged signature carried a presumption of

genuineness.

 A photocopy or electronically transmitted copy of a power of attorney has the same effect as the original

power of attorney.

 A third party may not require an additional or different power of attorney, even if the power of attorney

does not follow the statutory form.

 A third party without actual knowledge that the power of attorney was void, invalid or terminated or that

the purported agent’s authority was void, invalid, terminated, or exceeded is fully exonerated from any

liability for effecting the transaction in reliance upon the power of attorney.

o Actual knowledge will only be found if the actual person effecting the transaction had

knowledge; therefore, the knowledge of one employee is not imputed to the entire organization.

 A third party may request an agent certification (which is attached to this update), a translation, or an

opinion of counsel as to any matter of law concerning the power of attorney.

o The third party will be fully exonerated from liability in relying on the certification, translation,

or opinion of counsel.

o Best Practice: Require a certification by the agent.

 A third party can refuse a power of attorney while waiting for a certification, translation, or opinion of

counsel, and under the following circumstances:

o (1) the principal does not have the authority to effect the transaction;

o (2) the third party believes in good faith that engaging in the transaction would be inconsistent

with current laws or regulations;

o (3) the third party has actual knowledge or a good faith belief that the power of attorney was

void, invalid or terminated or that the purported agent’s authority was void, invalid, terminated,

or exceeded; or

o (4) the third party knows or has made a report to the Department of Human Services stating a

belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or

abandonment by the agent or a person acting for or with the agent.

 The third party who refuses in violation of the Act to complete a transaction in reliance upon an

acknowledged power to attorney absent actual knowledge or a good faith belief is subject to (1) a court

order mandating the person complete such transaction and (2) liability for reasonable attorney’s fees and

costs.

o Best Practice: If the power of attorney is to be refused because of a good faith belief even after

receipt of a certification, the reasons behind the good faith belief need to be documented.

AGENT’S CERTIFICATION

AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of Alabama

County of ___________________________

I, (Name of Agent), certify under penalty of perjury that

(Name of Principal) granted me authority as an agent or successor agent in a power of attorney

dated , 20 .

I further certify that to my knowledge:

(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of

Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the

event or contingency has occurred;

(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) _________________________________________________________________________

____________________________________________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

Agent’s Signature Date

Agent's Name Printed:

Agent's Address:

Agent's Telephone Number:

I, the undersigned, a Notary Public, in and for the County or State, hereby certify that

, whose name is signed to the foregoing document, and who is known to

me, acknowledged before me on this day that, being informed of the contents of the document, he or she executed

the same voluntarily on the day the same bears date.

Given under my hand this the ___ day of April, 2012.

(seal, if any)

Signature of Notary

My commission expires: