 | Alabama Real Estate ONLY Power of Attorney Form |
The Alabama real estate only power of attorney form is a document that is used by a Principal that will allow them to designate an Attorney In Fact/Agent ( ie: individual, attorney. real estate agent) to take over the Principal’s real property in their absence or in the event of illness. The Agent should treat any care or transactions regarding the property, as if the Principal were present and able to attend to their own business. This document will require notarization. The Principal may revoke this document at any time by placing a notice into writing and delivering it to the Agent. As well, creating a new document will invalidate this document.
How To Write
Step 1 – Principal Shall Select an Attorney In Fact– Enter the following:
- The Principal’s Name
- The Mailing address
- The Principal’s State of Residence
- AND
- The Name of the Attorney In Fact
- The Attorney In Fact’s/Agent’s Mailing Address
- The State of Attorney In Fact’s/Agent’s Residence
Step 2 – Article I – Assignment of Authority – The Principal will use this section to choose the appropriate powers that they would like to grant to their Attorney In Fact/Agent. The Principal must initial and check any or all of the following box(es) that apply:
- Sale of Real Estate
- Purchase of Real Estate
- Management of Real Estate
- Refinance of Real Estate
- Principal must read Article II
Step 3 – Article III – Term – The Principal must establish the term of the document from the following options (select only one):
- The Principal may select a commencement and termination date
- If the Principal prefers a non-durable option, the document shall become immediately available and shall only end if the Principal becomes disabled or incapacitated
- Should the Principal choose the durable option, the terms will begin immediately and will only terminate upon the Principal’s death
Step 4 – Article VI – Revocation –All signatories must provide the following information:
- Date the section (signatures) of the document in dd/mm/yyyy format
- Principal’s signature
- Principal’s Printed Name
- AND
- Attorny In Fact/Agent’s Signature
- Printed name of the Attorney In Fact/Agent
- AND, if and when using witnesses and notary public to attest:
- Witnesses Signatures
- Printed names of Witnesses
- Witness
Step 5 – Notary Acknowledgement –
Once the document has been completed, all signatories must be present before the notary to provide identification and allow the Notary Public to witness their application of signature to the document. The Notary shall then complete the remainder of the document with the notary’s required information and affix their state seal.
