Full question:
Who can be granted a power of attorney and who cannot?
- Category: Power of Attorney
- Date:
- State: Alabama
Answer:
According to Section 26-1-2 of the Code of Alabama, a durable power of attorney allows a principal to designate another person as their attorney-in-fact or agent. This designation must be in writing and include specific language indicating that the power of attorney remains effective despite the principal's disability, incompetency, or incapacity. Examples of this language include: "This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal" or similar phrases.
All actions taken by the attorney-in-fact under a durable power of attorney during the principal's disability or incapacity are binding and benefit the principal and their successors as if the principal were competent. While some argue that even a minor could serve as an agent without affecting the contract's enforceability, it is advisable to appoint someone who is legally competent. In Alabama, any person who is nineteen (19) years old or older can serve as an agent.
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.