Alabama Revocation of Power of Attorney Law

Power of Attorney and Health Care – General – Alabama

The revocation of a power of attorney is used to terminate the authority granted to the principal’s attorney-in-fact/agent. This means that the attorney-in-fact/agent no longer has the authorization to act on behalf of the principal. It is also in the best interest of the principal to send a copy of the signed revocation to his/her attorney-in-fact/agent with a letter telling him/her that he/she no longer has the authority to sign papers in the principal’s name. A copy of the revocation should also be sent to all banks doing business with the principal or anyone else who has relied on the power of attorney until they have actual notice that it is no longer in effect. The reason for this is that the attorney-in-fact/agent or other business entities can keep relying on the power of attorney until they receive the notice of the revocation.

According to Alabama Code Section 26-1A-110, there are certain ways a power of attorney is terminated:

(1) the principal dies;

(2) the principal becomes incapacitated, if the power of attorney is not durable;

(3) the principal revokes the power of attorney;

(4) the power of attorney provides that it terminates;

(5) the purpose of the power of attorney is accomplished;

(6) the principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney; or

(7) revoked by a fiduciary appointed by a court.

(b) An agent’s authority terminates when:

(1) the principal revokes the authority;

(2) the agent dies, becomes incapacitated, or resigns;

(3) an action is filed for the divorce or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or

(4) the power of attorney terminates.

(c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.

(d) Termination of an agent’s authority or of a power of attorney is not effective as to the agent that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.


Inside Alabama Revocation of Power of Attorney Law