Power of Attorney & Advance Directive Notarization in Birmingham

Powers of attorney and health care documents are often signed at the hardest times, in a hospital room, on hospice or at home after a new diagnosis.

Durable (financial) power of attorney

A durable power of attorney lets someone you choose handle your finances and property. Under the Alabama Uniform Power of Attorney Act, a signature on a power of attorney is presumed genuine when the principal acknowledges it before a notary (Ala. Code § 26-1A-105). That’s why banks, financial institutions and the probate office generally want it notarized.

If the principal physically can’t sign, Alabama law allows another person to sign the principal’s name in the principal’s conscious presence and at their direction. Let us know ahead of time so we can plan for it.

Advance directive, living will & health care proxy

Alabama’s Advance Directive for Health Care covers your living will and your choice of health care proxy (Ala. Code § 22-8A-4). It must be signed in front of two witnesses who are at least 19 years old.

A witness cannot be someone who:

• signed the directive on the declarant’s behalf
• is named as the health care proxy
• is related to the declarant by blood, adoption or marriage
• would inherit any part of the declarant’s estate, under a will or otherwise
• is directly financially responsible for the declarant’s medical care

Alabama law doesn’t require an advance directive to be notarized. If your form has a notary section, or you’d like it notarized, We’re glad to do that as well.

Wills: self-proving affidavits

In Alabama, a will can be made “self-proved” when the person making the will and both witnesses swear to it before a notary (Ala. Code § 43-8-132). A self-proved will can usually go through probate without tracking the witnesses down later. We can administer the oaths and complete the notarial certificate. Your attorney prepares the will itself.

Other documents

• HIPAA and medical-records authorizations
• Affidavits and sworn statements
• Revocations of a prior power of attorney

Before the appointment

• Have the document complete but unsigned.
• Have the signer’s current government-issued photo ID ready. A hospital wristband doesn’t count.
• Arrange two qualified witnesses if your document needs them, or ask us to.
• If you can, schedule for a time when the signer is usually most alert.

We am a notary public, not an attorney. We can’t prepare these documents, help you choose between forms or explain their legal effect. For legal advice, contact an elder law or estate planning attorney. The Alabama State Bar Lawyer Referral Service can help you find one: 1-800-392-5660.