AL · POA · Updated July 2026 · Free
Alabama Power of Attorney
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Alabama at a glance: Governing Law: Ala. Code § 26-1A-101 et seq. (UPOAA) · Notarization: Required · Witnesses: Not statutorily required
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Overview
Powers of Attorney in Alabama
Alabama has adopted the Uniform Power of Attorney Act, codified at Alabama Code Title 26, Chapter 1A. Alabama POAs are durable by default unless the document states otherwise, a notable difference from states requiring specific durability language.
A financial POA in Alabama must be notarized. A separate document is required for healthcare decisions.
Key Facts
Alabama Power of Attorney — Quick Reference
| Requirement | Alabama Rule |
|---|---|
| Governing Law | Ala. Code § 26-1A-101 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses | Not statutorily required |
| Default Durability | Durable by default unless stated otherwise |
| Medical Decisions | Separate advance directive required |
Legal Requirements
Alabama Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Alabama POAs are durable by default, unlike states that require specific durability language.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate advance directive is needed for healthcare decisions.
Governing Laws
Alabama Governing Laws
Ala. Code § 26-1A-101 et seq.
Alabama Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in Alabama.
Ala. Code § 26-1A-104
Durability
Establishes that a power of attorney is durable by default in Alabama unless the document expressly states otherwise.
Read the full text of these laws at Cornell Law School's Alabama legal resources or your state legislature's official website.
Questions & Answers
Alabama Power of Attorney — Frequently Asked Questions
Is a Power of Attorney automatically durable in Alabama?
Yes. Unlike many states, Alabama POAs are durable by default unless the document specifically states it terminates upon incapacity.
Does an Alabama POA need to be notarized?
Yes. Alabama requires a financial POA to be acknowledged before a notary public.
Does an Alabama POA cover medical decisions?
No. A separate advance directive is required for healthcare decisions in Alabama.