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19-1A-4
Section 19-1A-4 (Effective January 1, 2018) User direction for disclosure of digital assets.
(a) A user may use an online tool to direct the custodian to disclose to the designated recipient
or not to disclose some or all of the user's digital assets, including the content of electronic
communications. If the online tool allows the user to modify or delete a direction at all
times, a direction regarding disclosure using an online tool overrides a contrary direction
by the user in a will, trust, power of attorney, or other record. (b) If a user has not used
an online tool to give direction under subsection (a) or if the custodian has not provided
an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other
record, disclosure to a fiduciary of some or all of the user's digital assets, including the
content of electronic communications sent or received by the user. (c) A user's direction
under subsection (a) or (b) overrides a contrary provision in a...
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26-1A-102
Section 26-1A-102 Definitions. In this chapter: (1) "Agent" means a person granted
authority to act for a principal under a power of attorney, whether denominated an agent,
attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor agent,
and a person to which an agent's authority is delegated. (2) "Durable," with respect
to a power of attorney, means not terminated by the principal's incapacity. (3) "Electronic"
means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities. (4) "Good faith" means honesty in fact. (5) "Incapacity"
means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate
decisions even with the use of technological assistance; or (B) is: (i) missing; (ii) detained,
including incarcerated in a penal system; or (iii) outside the United States and...
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19-1A-7
Section 19-1A-7 (Effective January 1, 2018) Disclosure of content of electronic communications
of deceased user. If a deceased user consented or a court directs disclosure of the contents
of electronic communications of the deceased user, the custodian shall disclose to the personal
representative of the estate of the user the content of an electronic communication sent or
received by the user if the representative gives the custodian: (1) a written request for
disclosure in physical or electronic form; (2) a copy of the death certificate of the user;
(3) a copy of letters testamentary, letters of administration, or court order; (4) unless
the user provided direction using an online tool, a copy of the user's will, trust, power
of attorney, or other record evidencing the user's consent to disclosure of the content of
electronic communications; and (5) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by the...
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26-1A-301
Section 26-1A-301 Power of attorney form. A document substantially in the following form may
be used to create a power of attorney that has the meaning and effect prescribed by this chapter.
ALABAMA POWER OF ATTORNEY FORM 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...
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26-1A-114
Section 26-1A-114 Agent's duties. (a) Notwithstanding provisions in the 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 the power of attorney. (b) Except as otherwise provided in the 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...
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22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual who
is at least 18 years of age. (2) "Agent" means an individual: (A) authorized to
make health care decisions on the principal's behalf by a power of attorney for health care;
or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other
record signed by the principal. (3) "Anatomical gift" means a donation of all or
part of a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education. (4) "Coroner" means an elected or appointed official
who determines, with the assistance of other forensic scientists and investigators, the cause,
manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual
whose body or part is or may be the source of an anatomical gift. The term includes a stillborn
infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...
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26-1A-208
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...
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26-1A-217
Section 26-1A-217 Gifts. (a) In this section, a gift "for the benefit of" a person
includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition
savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529,
26 U.S.C. Section 529, as amended. (b) Unless the power of attorney otherwise expressly provides,
language in a power of attorney granting general authority with respect to gifts authorizes
the agent only to: (1) make outright to, or for the benefit of, a person including the agent,
a gift of any of the principal's property, including by the exercise of a presently exercisable
general power of appointment held by the principal, in an amount per donee not to exceed the
annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section
2503(b), 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift
tax exclusion applies to the gift, or if the principal's spouse agrees to...
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15-5-40
Section 15-5-40 stored wire and electronic communications and transactional records access;
pen registers and trap and trace devices. (a) The definitions, prohibitions, authorizations,
and procedures regarding access to stored wire and electronic communications and transactional
records and the installation or use of pen registers or trap and trace devices shall be adopted
and coextensive with the provisions of the federal law defined at Chapters 121 and 206 of
Title 18, United States Code, Sections 2701-2712 and 3121-3127, and as those provisions may
hereafter be amended. (b) Emergency pen registers and trap and trace devices may be installed
pursuant to the provisions of the federal law defined in Title 18, United States Code, Section
3125, as it may hereafter be amended, provided the investigative or law enforcement officer
declaring the emergency has been specially authorized and designated in writing by the Attorney
General, district attorney, or city attorney, if authorized to...
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10A-2A-1.41
Section 10A-2A-1.41 Notice and other communications. (a) A notice under this chapter must be
in writing unless oral notice is reasonable in the circumstances. Unless otherwise agreed
between the sender and the recipient, words in a notice or other communication under this
chapter must be in English. (b) A notice or other communication may be given by any method
of delivery, except that electronic transmissions must be in accordance with this section.
If the methods of delivery are impracticable, a notice or other communication may be given
by means of a broad non-exclusionary distribution to the public (which may include a newspaper
of general circulation in the area where published; radio, television, or other form of public
broadcast communication; or other methods of distribution that the corporation has previously
identified to its stockholders). (c) A notice or other communication to a corporation or to
a foreign corporation registered to do business in this state may be delivered...
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