Power of Attorney

Prattville Power of Attorney Lawyers

Knowledgeable POA Attorneys with Decades of Experience

Life is full of unexpected challenges. Whether it’s a health diagnosis, military deployment, or caring for an aging parent, a well-crafted power of attorney (POA) can provide protection and peace of mind even in seasons of uncertainty. When it comes to safeguarding your legacy, choose a firm with over six decades of experience to protect your interests.

At McDowell Faulk & Shirley, we understand how critical it is to prepare for the unexpected. Since 1956, our POA lawyers have helped families plan for the future by creating effective, tailored powers of attorney that reflect their unique circumstances and wishes. We pride ourselves on providing clear guidance and straightforward solutions to support your loved ones and help you move forward with clarity.

Take the first step toward securing your future in Prattville with our skilled POA lawyers. Contact us online to discuss your case.

What Is a Power of Attorney?

A power of attorney (POA) is a legal document that authorizes another person to make important decisions on your behalf in the event that you become incapacitated. The person who creates the POA is known as the principal, while the designated representative is known as the agent. A POA is a useful tool that can cover financial matters, legal decisions, or healthcare choices, making it an essential part of any comprehensive estate plan.

What Is the Difference Between Durable & Non-Durable POAs?

There are two primary types of POAs: durable and non-durable. A durable POA remains in effect even if the principal becomes incapacitated, but a non-durable POA becomes invalid in the event of incapacitation. Durable POAs are commonly used for long-term planning, while non-durable POAs are typically limited to specific tasks or short-term situations.

What Are the Different Types of POAs in Alabama?

Alabama law recognizes several different types of POAs, including:

General POA

A general POA grants broad authority to the agent to act on financial, business, real estate, and legal matters. While it allows the agent to handle a wide range of affairs, it does not extend to healthcare decisions and ends if the principal becomes incapacitated, unless it is also specified as a durable POA.

Limited (Special) POA

A limited or special POA authorizes the agent to perform a specific set of tasks for the principal, such as managing a single bank account or selling a certain property. These tasks are explicitly stated in the document and the POA ends after they are completed.

Healthcare POA

A healthcare power of attorney is a durable POA that appoints an agent to make healthcare decisions on your behalf if you become unable to do so, such as end-of-life care, long-term facility choices, and consenting or refusing to treatments.

Springing POA

A springing power of attorney takes effect only after the occurrence of a specified event, such as incapacitation. The document will remain inactive until the event occurs, after which the agent can manage your affairs.

What Is the Difference Between a Living Will & Healthcare POA?

The key difference between healthcare POAs and living wills is scope and purpose. A living will specifies your wishes for medical treatment in the future, such as end-of-life medical care, life-sustaining treatment, and pain management. A living will guides your care, while a healthcare POA authorizes someone to make medical decisions on your behalf.

Depending on your goals, having both a healthcare POA and a living will can be advantageous. For example, a healthcare POA can be beneficial in circumstances that aren’t explicitly covered in your living will. Having both can provide peace of mind that your medical preferences will be honored while also offering flexibility in unexpected medical situations.

When Is a Power of Attorney Necessary?

A power of attorney is necessary when you need another person to make financial, legal, or medical decisions on your behalf if you become unavailable or incapacitated. Common situations include managing finances during illness, handling real estate or business matters, or making healthcare decisions when you cannot communicate your wishes.

Who Can Be Named as an Agent in a POA?

Any competent adult can generally be named as an agent in a Power of Attorney. Because this person will be handling significant financial, legal, or healthcare decisions, it’s important to choose someone responsible and trustworthy, such as a family member, friend, or professional. You can also name a successor agent in the event that your first choice becomes unwilling or unable to act.

How Long Does a Power of Attorney Last?

The duration of a power of attorney depends on its type and terms. A durable POA remains in effect until the principal revokes it, the purpose of the POA is completed, or the principal passes away. A non-durable POA ends automatically if the principal becomes incapacitated, or at a date or event specified in the document. Our attorneys can help you determine an appropriate POA that reflects your wishes and remains effective for the desired period.

Do POAs Need to Be Notarized in Alabama?

In Alabama, a POA does not have to be notarized to be legally binding; however, notarization is strongly recommended. Having the document notarized or acknowledged before a notary gives it a stronger legal standing. Additionally, many banks and financial institutions require notarization before recognizing the agent’s authority. Our firm can help you draft a POA that clearly defines the agent’s authority, meets the necessary legal requirements, and update or revoke the document if your circumstances change.

Prepare for the unexpected with personalized guidance from our POA lawyers. Call (334) 380-4252 to schedule a consultation.

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