Alabama Power of Attorney Notarization: Requirements, Remote Options, and Fees

Technically, Alabama does not use the word "mandatory" for notarizing a financial power of attorney. In practice, an unnotarized POA is dead on arrival. Banks reject it. County recorders reject it. Title companies reject it. Here is why, and how to get it done correctly.

Why Notarization Is Effectively Required

Under the UPOAA, a notarized signature carries a legal presumption of genuineness. This means the agent does not have to prove the principal actually signed the document — the notary's seal creates that presumption automatically.

Without notarization, the agent bears the burden of proving authenticity every time they present the document. Financial institutions have no obligation to accept an unacknowledged instrument, and county probate offices will not record one unless it has two witnesses as a substitute.

For all practical purposes, notarize the POA.

In-Person Notarization Requirements

The standard process:

1. The principal appears in person before a notary public commissioned in Alabama
2. The notary verifies the principal's identity — typically through a government-issued photo ID
3. The principal signs the POA in the notary's presence
4. The notary signs the acknowledgment block with wet ink (not a signature stamp)
5. The notary affixes their physical stamp or embossed seal with a legible commission expiration date

The notary must be impartial: not related to the principal by blood or marriage, not named as the agent or successor agent, and holding no financial interest in the principal's estate. Using a family member as notary invites capacity and undue influence challenges.

Remote Ink Notarization (RIN)

Alabama permits remote notarization under Act 2023-548, codified at Section 36-20-73.1. The rules are strict:

• The notary must be physically located in Alabama during the entire session
• The interaction must occur over two-way audio-video communication
• The entire session must be recorded and preserved for a minimum of seven years
• The notary must verify the signer's identity using two forms of government-issued ID — at least one with the signer's photograph and signature
• The notary must cross-reference the signer's identity through a public or private data source

After the remote video session, the physical documents must be delivered to the notary for in-person authentication and sealing. The notary then applies their original wet-ink signature and seal to the paper document.

RIN is legally valid, but it is more vulnerable to capacity and undue influence challenges in court. If the principal's cognitive capacity may later be questioned — common with elderly parents — in-person notarization provides stronger protection.

Notary Fees

Alabama Code Section 36-20-74 caps notary fees at $10 per notarial act. Public employees performing notarization in the scope of their official duties cannot charge at all.

Where to find notaries:

• Banks — many offer free notarization for account holders
• UPS Store and shipping centers — typically charge the full $10
• Attorney offices — often included in the drafting fee
• Courthouse annexes — availability varies by county
• Mobile notary services — charge a travel fee on top of the $10 cap (the travel fee is not regulated)

What the Notary Block Must Include

A complete notary acknowledgment block for an Alabama POA includes:

• The state and county where notarization occurred
• The date of the notarial act
• The principal's name
• A statement that the principal personally appeared and acknowledged the document
• The notary's wet-ink signature
• The notary's printed name
• The notary's commission expiration date
• The notary's physical or embossed seal

Missing any of these elements — especially the commission expiration date or legible seal — can cause rejection at county recording offices and banks.

Witnesses as a Backup

The UPOAA does not require witnesses if the POA is notarized. However, adding two disinterested witnesses provides a recording backup if the notary seal is ever questioned. Witnesses must be at least 19 years old under Alabama law, and should not be named as agents or beneficiaries.

The Alabama Power of Attorney Kit includes a complete execution walkthrough covering both in-person and remote notarization, with notary block templates and witness guidelines.

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