Durable Power of Attorney in Alabama

Function

• The function of a durable power of attorney in Alabama is to designate an agent to act on your behalf even if you become disabled, incompetent or incapacitated. This is known as durability. A non-durable power of attorney terminates upon disability, incompetence or incapacity of the person granting the power of attorney.
  
  

Required Language

• Alabama law requires that certain language be included in a durable power of attorney: "This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal," states the Code of Alabama, Section Section 26-1-2.
  
  

Benefits

• The benefits of a durable power of attorney include the designation of an agent who continues to act on your behalf even when you become unable to do so yourself. Your family members do not have to automatically go to court upon your disability for a court order appointing someone to act on your behalf
  
  

Termination

• A durable power of attorney can be terminated at your direction as long as you are competent. A court order is required to terminate a power of attorney if you become incompetent. You can also include a termination date within the power of attorney document. All powers of attorney terminate upon the death of the person who created the instrument.
  
  

Geography

• Provided you follow the requirements of Alabama law in creating a durable power of attorney, other states must honor it pursuant to the full faith and credit clause of the U.S. Constitution. This is the constitutional provision requiring the individual states to recognize the laws passed in other states.