Who Can Be Granted a Power of Attorney?

Full Question:

Who can be granted a power of attorney and who cannot?
01/09/2007   |   Category: Power of Attorney   |   State: Alabama   |   #255


Section 26-1-2 of the Code of Alabama provides in part:

(a) A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains the words "This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal" or "This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal" or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability, incompetency, or incapacity.

(b) All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability, incompetency, or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his or her successors in interest as if the principal were competent, not disabled and not incapacitated.

A contract made by an agent is legally the contract of the principal. Therefore, some scholars argue that it is irrelevant whether or not the agent had legal capacity to make a contract. They argue that a minor could act as an agent without hurting the enforceability of the contract. However, it is preferable to only appoint someone who is competent. Any person nineteen (19) or older is qualified to serve as an agent in Alabama.

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