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AL SB53
Bill
AI Summary
SB53 - Alabama Uniform Power of Attorney Act
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Adds Chapter 1A to Title 26 of Alabama Code establishing the Alabama Uniform Power of Attorney Act, effective January 1, 2012, governing all powers of attorney executed on or after that date.
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Defines durable powers of attorney as continuing despite principal's incapacity unless expressly stated otherwise; requires notarized signature and allows for immediate or future effectiveness based on principal's preferences.
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Grants agents broad authority over specific property categories including real property, stocks, bonds, business operations, insurance, retirement plans, and taxes, with special restrictions on trust creation, large gifts, and beneficiary designation changes.
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Establishes agent fiduciary duties including loyalty, care, competence, record-keeping, and duty to preserve principal's estate plan; provides liability for violations and permits courts to review agent conduct upon petition.
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Includes standard forms for power of attorney and agent certification, health care decision-making provisions aligned with Alabama Natural Death Act, and protections for third parties relying in good faith on acknowledged powers of attorney.
Legislative Description
Infants and incompetents, power of attorney, Uniform Power of Attorney Act, Sec. 26-1A-101 to 26-1A-123, inclusive, 26-1A-201 to 26-1A-217, inclusive, 26-1A-301, 26-1A-302, 26-1A-401 to 26-1A-404, inclusive, added; Sec. 26-1-2 am'd.
Infants and Incompetents
Last Action
Delivered to Governor at 11: 58 on June 9, 2011
6/9/2011