Full question:
I currently live in Australia. I was born in Alabama and am a US resident. My brother who resides in Alabama has cancer and wants to grant me power of attorney (along with my brother who resides in Alabama). Can I be an agent under this law even if I live overseas?
- Category: Power of Attorney
- Date:
- State: Alabama
Answer:
A power of attorney can appoint someone living outside the country as the agent (attorney-in-fact) for the principal (the person granting the power). This is valid as long as it complies with the laws of the state where the actions will be taken. Typically, this is where the principal's property is located. It's generally advisable to avoid appointing an agent from a different jurisdiction unless the property or assets are also in that jurisdiction. If the agent will act in multiple jurisdictions, it's recommended to create separate powers of attorney for each jurisdiction.
According to Alabama law, a durable power of attorney allows a principal to designate another person as their attorney-in-fact in writing. This power remains effective even if the principal becomes disabled or incapacitated (Ala. Code § 26-1-2). The actions taken by the attorney-in-fact during the principal's disability have the same effect as if the principal were competent.
In summary, yes, you can be granted power of attorney while living overseas, but ensure compliance with Alabama laws and consider the implications of acting across jurisdictions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.