Alabama

Ala. Code §43-8-134: any person generally competent to be a witness may act as a witness to a will, and a will or any provision of it is not invalid because the will is signed by an interested witness. Alabama follows the UPC rule and has no purge statute, so a gift to an attesting witness remains effective. Using witnesses who take nothing under the will is still the safer practice.

IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975. This power of attorney does not authorize the agent to make health-care decisions for you. Such powers are governed by other applicable law. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reimbursement of reasonable expenses and reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

AGENT'S DUTIES (Ala. Code §26-1A-114). Notwithstanding any provision in this power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) act in good faith; and (3) act only within the scope of authority granted in this power of attorney. Except as otherwise provided in this power of attorney, an agent that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and (6) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors. By signing below, I, the named Agent, accept the appointment under this power of attorney and acknowledge the duties recited above under Ala. Code §26-1A-114. I understand that I am subject to the liability for breach of duty established by Ala. Code §26-1A-117.

Ala. Code §22-8A-4(c)(4): a witness to an Alabama advance directive must be at least 19 years of age and must not be (i) the person who signed the directive for the declarant at the declarant's direction, (ii) the designated health-care proxy, (iii) related to the declarant by blood, adoption, or marriage, (iv) entitled to any portion of the declarant's estate under the laws of intestate succession or under any will or codicil of the declarant, or (v) directly financially responsible for the declarant's medical care.