Powers of Attorney in Alabama
Southern Estate Lawyers
The idea of becoming incapacitated to the point of being unable to handle your affairs is a nerve-racking one. While there’s no way to guarantee you’ll never be incapacitated, you can ensure you’re prepared if the unthinkable happens. One of the most important steps to take is to establish a power of attorney. Here’s a closer look at the main types of powers of attorney in Alabama.
A power of attorney document gives a trusted person the authority to act on your behalf. The scope of that authority can be as wide or as narrow as you’d like. 
Why Choose Us?
If you’re creating or updating your estate plan, your choice of attorney makes a difference. Here are a few reasons to consider the team at Southern Estate Lawyers:
- We focus on comprehensive estate plans to meet all of your needs.
- We’ve litigated countless cases, so we understand the importance of an estate plan that stands up in court.
- We represent clients across Alabama.
- Whether you have few assets or a considerable estate, our team can assist you.
- We take the time to get to know you and craft the estate plan you need.
You can learn more about our services when you schedule a free consultation.
6 Types of Power of Attorney in Alabama
Protecting Your Health and Finances
If you’re considering creating a power of attorney, the right estate planning lawyer can help draft an agreement that’s in line with what you need. These are some of the most common types of power of attorney in Alabama — and when you may need each one.
1. Medical Power of Attorney
This power of attorney lets you pick someone — your “agent” — to make medical decisions for you if you can’t. The agent should be someone you trust to act in your best interests and to make the same medical decisions you would make for yourself.
You might choose to have a medical power of attorney alongside related estate-planning documents. A living will allows you to clarify what types of life-extending medical care you want. Regardless of which documents you have in your estate plan, talk to your chosen agent to ensure they understand how you would prefer different situations to be handled.
2. General Power of Attorney
A general power of attorney is very broad. It gives your agent the authority to make decisions in areas of your life such as:
- Your finances
- Real estate
- Business matters
- Your medical care.
However, a general power of attorney does not have to grant your agent all of these rights. Your lawyer can work with you to set specific limits.
3. Durable Power of Attorney
Many powers of attorney are durable, meaning they go into effect immediately and remain in effect when you’re incapacitated.
4. Non-Durable Power of Attorney
This is essentially the reverse of a durable power of attorney. It goes into effect once it’s signed but specifies that the agent may not continue to represent you if you become incapacitated.
The right power of attorney can help ensure your wishes are respected. Call Southern Estate Lawyers at (251) 444-7000 to book your free initial consultation today.
5. Limited Power of Attorney
A limited power of attorney, also called a “special” power of attorney, is usually established for a specific event. For instance, imagine you are buying a home. You thought the purchase would be complete before you left for vacation, but you encountered delays. To avoid further delays, you could give a trusted friend a limited power of attorney to sign closing documents for you.
6. Springing Power of Attorney
A springing POA is activated if you become incapacitated. If you are suddenly unable to handle your affairs, the POA “springs” into effect to allow your agent to immediately step in.
Springing powers of attorney sound helpful in theory, but legally speaking, they have raised some issues. The main problem involves determining what constitutes being “incapacitated.”
Some cases are clear. If you get in a car accident and are in a sudden coma, there likely won’t be any arguments over whether you’re incapacitated. But if you are developing Alzheimer’s and your loved ones disagree over whether you’re incapacitated, your health may fall to the wayside as your family members fight over your state of mind in court.
An estate planning lawyer can help you assess your situation and determine what language to include to make a springing POA as clear as possible.
FAQ
Get answers to some of the most common questions clients have about powers of attorney in Alabama.
How do you ensure a power of attorney is valid in Alabama?
Each state has its own laws to ensure a power of attorney is legally valid. In Alabama, you must sign the document and have it notarized to make it legal.
Is it possible to revoke a power of attorney?
If you want to revoke your power of attorney, you can do that. Steps may vary, based on the type of power of attorney you’ve assigned.
What is the best way to revoke a power of attorney?
You generally need to create a revocation letter and send it to your agent and to any institutions like your bank where your agent could try to use it.
Do I need a lawyer to craft a power of attorney?
It’s a good idea to work with a lawyer when crafting a power of attorney. They can help to ensure powers are limited in the ways you expect and address any questions you might have.
Still have questions about how a power of attorney works? Reach out to our team to learn more.
Thinking About a Power of Attorney?
It’s Worth Taking the Time to Craft One That’s Uniquely Yours
Many people recognize the importance of having a power of attorney — but they stop short of realizing how important it is to have one established just for them. Some turn to the internet for pre-filled templates. It’s never ideal to use template legal forms like these, but with something as important as a power of attorney, it’s particularly important to not just print off a premade form, sign it, and notarize it.
At Southern Estate Lawyers, we believe that the most effective power of attorney document is also the most personalized. When you sit down with us, we’ll go over your needs in detail and help you create something that effectively meets them.