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Alabama · Ala. Code §§26-1A-101–26-1A-123Alabama power of attorney at closing: acknowledgment, reliance and when it ends

An Alabama power of attorney is durable unless it expressly says it ends on the principal's incapacity (Ala. Code §26-1A-104). It is signed by the principal, or by another person in the principal's conscious presence at the principal's direction, and a signature acknowledged before a notary is presumed genuine (§26-1A-105). A power executed in Alabama since January 1, 2012 is valid if it meets §26-1A-105; one executed elsewhere is valid if it met that place's law or Alabama law, and a photocopy or electronic copy has the original's effect unless another statute says otherwise (§26-1A-106). It ends at the principal's death or revocation, among other events, and an agent's authority ends when a divorce or annulment action is filed, unless the power says otherwise (§26-1A-110(a)–(b)). A person relying in good faith on an acknowledged power is protected and may ask for the agent's certification, a translation or an opinion of counsel (§26-1A-119).

The rules

  1. 1. Durable (§26-1A-104)

    Unless it says it ends on incapacity.

  2. 2. Signing (§26-1A-105)

    Acknowledged signature presumed genuine.

  3. 3. Copies (§26-1A-106(d))

    A photocopy or electronic copy has the original's effect.

  4. 4. Ending (§26-1A-110)

    Death, revocation; a divorce filing ends a spouse-agent's authority.

  5. 5. Reliance (§26-1A-119)

    Good-faith reliance protected; certification may be requested.

What the TC can do

  • Send the power of attorney to the title company early for review.
  • Ask for the agent's certification that the principal is alive and the power is in effect.
  • For a homestead, confirm how the spouse's signature and acknowledgment will be handled.

Questions about Alabama powers of attorney

Is an Alabama power of attorney still valid after the principal becomes incapacitated?

Yes, unless it expressly says it ends on incapacity (Ala. Code §26-1A-104).

Can the closing agent rely on a copy?

A photocopy or electronic copy has the original's effect unless another statute provides otherwise (Ala. Code §26-1A-106(d)).

Add the power of attorney review and the agent's certification as tasks in ClosingCode.

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Source: Code of Alabama §§26-1A-104–26-1A-106, 26-1A-110 and 26-1A-119 (alison.legislature.state.al.us, read October 28, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.