reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1 - General Provisions. › Section 26-1-5 - Age of Majority for Purposes of Contracting With Banks, Credit Unions, etc., for Certain Loans or Accounts; Requirements for Members of Armed Forces.

Section 26-1-5
Age of majority for purposes of contracting with banks, credit unions, etc., for certain loans or accounts; requirements for members of Armed Forces.
(a) Notwithstanding Section 26-1-1, the age of majority for the purposes of contracting for educational loans for college level education and above, within the State of Alabama, shall be 17 years of age.
(b) Notwithstanding Section 26-1-1, for purposes of contracting with a bank, credit union, or similar savings and loan institution, including obtaining a loan or opening a checking or savings account, a member of any branch of the Armed Forces of the United States shall be deemed to have attained the age of majority and shall be relieved of his or her disabilities of minority for that purpose, and he or she may continue to be deemed to have reached the age of majority even if he or she shall subsequently no longer be a member of the Armed Forces of the United States. A member of the Armed Forces of the United States who contracts with a bank, credit union, or similar savings and loan institution may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract solely on the basis of the member's age, even if he or she subsequently is no longer a member of the Armed Forces of the United States. A member of the Armed Forces of the United States seeking to contract with a bank, credit union, or similar savings or loan institution pursuant to this subsection may be required to verify his or her membership in the Armed Forces of the United States by presenting in person a valid United States Uniformed Services Privileges and Identification Card.
(Acts 1987, No. 87-801, p. 1574; Act 2019-222, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-101 - Short Title.

Section 26-1A-101
Short title.
This chapter may be cited as the Alabama Uniform Power of Attorney Act.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-103 - Applicability.

Section 26-1A-103
Applicability.
(a) This chapter applies to all powers of attorney, executed on or after January 1, 2012, except:
(1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(3) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
(b) A power to make health care decisions executed on or after January 1, 2012, is governed by Section 26-1A-404. Nothing in this chapter shall affect any action taken under the Natural Death Act, Chapter 8A of Title 22.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-104 - Power of Attorney Is Durable.

Section 26-1A-104
Power of attorney is durable.
A power of attorney to which this chapter applies is durable, unless it expressly provides that it is terminated by the incapacity of the principal.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-105 - Execution of Power of Attorney.

Section 26-1A-105
Execution of power of attorney.
A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-106 - Validity of Power of Attorney.

Section 26-1A-106
Validity of power of attorney.
(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with Section 26-1A-105.
(b) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 26-1A-107;
(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended; or
(3) Alabama law.
(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-107 - Meaning and Effect of Power of Attorney.

Section 26-1A-107
Meaning and effect of power of attorney.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-108 - Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary.

Section 26-1A-108
Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.
(a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court, if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the agent is accountable to the fiduciary as well as to the principal. In such event, the fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she was not disabled, incompetent, or incapacitated.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-109 - When Power of Attorney Effective.

Section 26-1A-109
When power of attorney effective.
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) a physician or licensed psychologist that the principal is incapacitated within the meaning of Section 26-1A-102(5)(A); or
(2) an attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of Section 26-1A-102(5)(B).
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-110 - Termination of Power of Attorney or Agent's Authority.

Section 26-1A-110
Termination of power of attorney or agent's authority.
(a) A power of attorney terminates when:
(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.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-111 - Co-Agents and Successor Agents.

Section 26-1A-111
Co-agents and successor agents.
(a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.
(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(1) has the same authority as that granted to the original agent; and
(2) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(c) Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d) An agent that has accepted appointment and has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-112 - Reimbursement and Compensation of Agent.

Section 26-1A-112
Reimbursement and compensation of agent.
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-113 - Agent's Acceptance.

Section 26-1A-113
Agent's acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-115 - Exoneration of Agent.

Section 26-1A-115
Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-116 - Judicial Relief.

Section 26-1A-116
Judicial relief.
(a) The following persons may petition a court to construe a power of attorney, determine the validity of a power of attorney, or review the agent's conduct, and grant appropriate relief:
(1) the principal or the agent;
(2) a guardian, conservator, or other fiduciary acting for the principal;
(3) a person authorized to make health care decisions for the principal;
(4) the principal's spouse, parent, or descendant;
(5) an individual who would qualify as a presumptive heir of the principal;
(6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) a governmental agency having regulatory authority to protect the welfare of the principal;
(8) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare;
(9) a person asked to accept the power of attorney; and
(10) any other person who demonstrates a sufficient legal interest in the construction or validity of the power of attorney or the agent's conduct in connection with the power of attorney, such as to give that person standing.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-117 - Agent's Liability to the Principal.

Section 26-1A-117
Agent's liability to the principal.
An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to:
(1) restore the value of the principal's property to what it would have been had the violation not occurred; and
(2) reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-118 - Agent's Resignation; Notice.

Section 26-1A-118
Agent's resignation; notice.
Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) to the conservator, or guardian if there is no conservator, if either has been appointed for the principal and a co-agent or successor agent; or
(2) if there is no person described in paragraph (1):
(A) the principal's caregiver;
(B) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(C) a governmental agency having authority to protect the welfare of the principal.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-119 - Acceptance of and Reliance Upon Acknowledged Power of Attorney.

Section 26-1A-119
Acceptance of and reliance upon acknowledged power of attorney.
(a) For purposes of this section and Section 26-1A-120, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments and "reasonable time" shall not be deemed to be less than seven business days.
(b) A person that effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 26-1A-105 that the signature is genuine.
(c) A person that effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority is fully exonerated from any liability for effecting the transaction in reliance upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d) A person that is asked to effect a transaction in reliance upon an acknowledged power of attorney may, but is not required to, request, and rely upon, without further investigation:
(1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(2) an acknowledged or properly authenticated English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(e) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense if the request is made within a reasonable time after a person is requested to effect a transaction in reliance upon the power of attorney.
(f) For purposes of this section and Section 26-1A-120, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee effecting the transaction in reliance upon the power of attorney is without actual knowledge of the fact.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-121 - Principles of Law and Equity.

Section 26-1A-121
Principles of law and equity.
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-122 - Laws Applicable to Financial Institutions and Entities.

Section 26-1A-122
Laws applicable to financial institutions and entities.
This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 1 - General Provisions. › Section 26-1A-123 - Remedies Under Other Law.

Section 26-1A-123
Remedies under other law.
The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-201 - Authority That Requires Specific Grant; Grant of General Authority.

Section 26-1A-201
Authority that requires specific grant; grant of general authority.
(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(1) create, amend, revoke, or terminate an inter vivos trust;
(2) [reserved];
(3) create or change rights of survivorship;
(4) create or change a beneficiary designation;
(5) delegate authority granted under the power of attorney;
(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or
(7) exercise fiduciary powers that the principal has authority to delegate.
(b) Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise expressly provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in Sections 26-1A-204 through 26-1A-217, irrespective of whether the power of attorney references any of the transactions described in those sections.
(d) Unless the power of attorney otherwise expressly provides, a grant of authority to make a gift is subject to Section 26-1A-217.
(e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
(Act 2011-683, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-202 - Incorporation of Authority.

Section 26-1A-202
Incorporation of authority.
(a) An agent has authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections 26-1A-204 through 26-1A-217 or cites the section in which the authority is described.
(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in Sections 26-1A-204 through 26-1A-217 or a citation to a section of Sections 26-1A-204 through 26-1A-217 incorporates the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-203 - Construction of Authority Generally.

Section 26-1A-203
Construction of authority generally.
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 26-1A-204 through 26-1A-217 or that grants to an agent authority to do all acts that a principal could do pursuant to Section 26-1A-201(c), a principal authorizes the agent, with respect to that subject, to:
(1) demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;
(2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(5) seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(6) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;
(7) prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;
(8) communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;
(9) access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and
(10) do any lawful act with respect to the subject and all property related to the subject.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-204 - Real Property.

Section 26-1A-204
Real property.
(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;
(5) manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(A) insuring against liability or casualty or other loss;
(B) obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
(D) purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
(6) use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
(A) selling or otherwise disposing of them;
(B) exercising or selling an option, right of conversion, or similar right with respect to them; and
(C) exercising any voting rights in person or by proxy;
(8) change the form of title of an interest in or right incident to real property; and
(9) dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-205 - Tangible Personal Property.

Section 26-1A-205
Tangible personal property.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:
(1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;
(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
(5) manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(A) insuring against liability or casualty or other loss;
(B) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
(D) moving the property from place to place;
(E) storing the property for hire or on a gratuitous bailment; and
(F) using and making repairs, alterations, or improvements to the property; and
(6) change the form of title of an interest in tangible personal property.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-206 - Stocks and Bonds.

Section 26-1A-206
Stocks and bonds.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:
(1) buy, sell, and exchange stocks and bonds;
(2) establish, continue, modify, or terminate an account with respect to stocks and bonds;
(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;
(4) receive certificates and other evidences of ownership with respect to stocks and bonds; and
(5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-207 - Commodities and Options.

Section 26-1A-207
Commodities and options.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:
(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
(2) establish, continue, modify, and terminate option accounts.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-208 - Banks and Other Financial Institutions.

Section 26-1A-208
Banks and other financial institutions.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
(6) enter a safe deposit box or vault and withdraw or add to the contents;
(7) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-210 - Insurance and Annuities.

Section 26-1A-210
Insurance and annuities.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(4) apply for and receive a loan secured by a contract of insurance or annuity;
(5) surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) exercise an election;
(7) exercise investment powers available under a contract of insurance or annuity;
(8) change the manner of paying premiums on a contract of insurance or annuity;
(9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;
(12) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-211 - Estates, Trusts, and Other Beneficial Interests.

Section 26-1A-211
Estates, trusts, and other beneficial interests.
(a) In this section, "estates, trusts, and other beneficial interests" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:
(1) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund;
(2) demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of the fund, by litigation or otherwise;
(3) exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(6) conserve, invest, disburse, or use anything received for an authorized purpose;
(7) transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor; and
(8) reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from the fund.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-212 - Claims and Litigation.

Section 26-1A-212
Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-213 - Personal and Family Maintenance.

Section 26-1A-213
Personal and family maintenance.
(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(1) perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
(A) the principal's children;
(B) other individuals legally entitled to be supported by the principal; and
(C) the individuals whom the principal has customarily supported or indicated the intent to support;
(2) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(3) provide living quarters for the individuals described in paragraph (1) by:
(A) purchase, lease, or other contract; or
(B) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(4) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1);
(5) pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1);
(6) act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(7) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1);
(8) maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) and open new accounts; and
(9) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.
(Act 2011-683, p. 2015, §1.)