Code of Alabama - Title 26: Infants and Incompetents - Chapter 1A - Alabama Uniform Power of Attorney

• Article 1 General Provisions.
• Section 26-1A-101 Short title
  This chapter may be cited as the Alabama Uniform Power of Attorney Act.
• Section 26-1A-102 Definitions
  In this chapter: (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact,...
• Section 26-1A-103 Applicability
  (a) This chapter applies to all powers of attorney, executed on or after January 1, 2012, except: (1) a power to the extent it is...
• Section 26-1A-104 Power of attorney is durable
  A power of attorney to which this chapter applies is durable, unless it expressly provides that it is terminated by the incapacity of the principal.
• Section 26-1A-105 Execution of power of attorney
  A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign...
• Section 26-1A-106 Validity of power of attorney
  (a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with Section 26-1A-105. (b)...
• Section 26-1A-107 Meaning and effect of power of attorney
  The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in...
• Section 26-1A-108 Nomination of conservator or guardian; relation of agent to court-appointed fiduciary
  (a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by...
• Section 26-1A-109 When power of attorney effective
  (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future...
• Section 26-1A-110 Termination of power of attorney or agent's authority
  (a) A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3)...
• Section 26-1A-111 Co-agents and successor agents
  (a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its...
• Section 26-1A-112 Reimbursement and compensation of agent
  Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation...
• Section 26-1A-113 Agent's acceptance
  Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or...
• Section 26-1A-114 Agent's duties
  (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable expectations to...
• Section 26-1A-115 Exoneration of agent
  A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors...
• Section 26-1A-116 Judicial relief
  (a) The following persons may petition a court to construe a power of attorney, determine the validity of a power of attorney, or review the...
• Section 26-1A-117 Agent's liability to the principal
  An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to: (1) restore the...
• Section 26-1A-118 Agent's resignation; notice
  Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if...
• Section 26-1A-119 Acceptance of and reliance upon acknowledged power of attorney
  (a) For purposes of this section and Section 26-1A-120, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments and...
• Section 26-1A-120 Liability for refusal to accept acknowledged power of attorney
  (a) Except as otherwise provided in subsection (b): (1) a person shall either effect a requested transaction in reliance upon an acknowledged power of attorney...
• Section 26-1A-121 Principles of law and equity
  Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
• Section 26-1A-122 Laws applicable to financial institutions and entities
  This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
• Section 26-1A-123 Remedies under other law
  The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this
• Article 2 Authority.
• Section 26-1A-201 Authority that requires specific grant; grant of general authority
  (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the...
• Section 26-1A-202 Incorporation of authority
  (a) An agent has authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for...
• Section 26-1A-203 Construction of authority generally
  Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 26-1A-204...
• Section 26-1A-204 Real property
  (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent...
• Section 26-1A-205 Tangible personal property
  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent...
• Section 26-1A-206 Stocks and bonds
  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent...
• Section 26-1A-207 Commodities and options
  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent...
• Section 26-1A-208 Banks and other financial institutions
  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes...
• Section 26-1A-209 Operation of entity or business
  Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise...
• Section 26-1A-210 Insurance and annuities
  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent...
• Section 26-1A-211 Estates, trusts, and other beneficial interests
  (a) In this section, "estates, trusts, and other beneficial interests" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which...
• Section 26-1A-212 Claims and litigation
  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent...
• Section 26-1A-213 Personal and family maintenance
  (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes...
• Section 26-1A-214 Benefits from governmental programs or civil or military service
  (a) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation...
• Section 26-1A-215 Retirement plans
  (a) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or...
• Section 26-1A-216 Taxes
  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (1)...
• Section 26-1A-217 Gifts
  (a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to...
• Article 3 Forms.
• Section 26-1A-301 Power of attorney form
  A document substantially in the following form may be used to create a power of attorney that has the meaning and effect prescribed by this...
• Section 26-1A-302 Agent's certification
  A document substantially in the following format may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO...
• Article 4 Miscellaneous Provisions.
• Section 26-1A-401 Uniformity of application and construction
  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject...
• Section 26-1A-402 Relation to Electronic Signatures in Global and National Commerce Act
  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not...
• Section 26-1A-403 Effect on existing powers of attorney
  This chapter applies to all powers of attorney executed on or after January 1, 2012.
• Section 26-1A-404 Health care powers of attorney executed on or after January 1, 2012
  (a) This section applies to a power of attorney for health care decisions executed on or after January 1, 2012. (b) A durable power of...

Last modified: May 3, 2021