Code of Alabama

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26-1A-104
Section 26-1A-104 Power of attorney is durable. A power of attorney to which this chapter applies
is durable, unless it expressly provides that it is terminated by the incapacity of the principal.
(Act 2011-683, p. 2015, §1.)...
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26-1A-207
Section 26-1A-207 Commodities and options. Unless the power of attorney otherwise provides,
language in a power of attorney granting general authority with respect to commodities and
options authorizes the agent to: (1) buy, sell, exchange, assign, settle, and exercise commodity
futures contracts and call or put options on stocks or stock indexes traded on a regulated
option exchange; and (2) establish, continue, modify, and terminate option accounts. (Act
2011-683, p. 2015, §1.)...
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19-3B-411
Section 19-3B-411 Modification or termination of noncharitable irrevocable trust by consent.
(a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the
modification or termination of an irrevocable trust, the court shall enter an order approving
the modification or termination even if the modification or termination is inconsistent with
a material purpose of the trust. A settlor's power to consent to a trust's modification or
termination may be exercised by an agent under a power of attorney only to the extent expressly
authorized by the power of attorney or the terms of the trust; by the settlor's conservator
with the approval of the court supervising the conservatorship if an agent is not so authorized;
or by the settlor's guardian with the approval of the court supervising the guardianship if
an agent is not so authorized and a conservator has not been appointed. (b) A noncharitable
irrevocable trust may be terminated upon consent of all of the...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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11-32-7
Section 11-32-7 Powers of authority. (a) The authority shall exercise powers and duties necessary
to the discharge of its powers and duties in corporate form as follows: (1) Have succession
by its corporate name in perpetuity subject to Section 11-32-20. (2) Sue and be sued in its
own name in civil suits and actions and defend suits against it. (3) Adopt and make use of
a corporate seal and alter the same at its pleasure. (4) Adopt and alter bylaws for the regulation
and conduct of its affairs and business. (5) Acquire, receive, take, by purchase, gift, lease,
devise, or otherwise, and hold property of every description, real, personal, or mixed, whether
located in one or more counties or municipalities and whether located within or outside the
authorizing county. (6) Make, enter into, and execute contracts, agreements, leases, and other
instruments and take other actions as may be necessary or convenient to accomplish any purpose
for which the authority was organized, or exercise any...
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15-13-159
Section 15-13-159 Qualifications - Professional surety company. No professional surety company
shall execute or become surety on any appearance bond in this state, unless it has an order
granting authorization to become professional surety on any bail. The order granting the authorization
shall be reissued annually, prior to January 1 of each year, by the presiding circuit judge
of the county in which the company desires to execute bail or appearance bonds. Prior to the
judge's issuance of the original order and no later than December 1 of each year, thereafter,
professional surety companies shall submit annually to the presiding circuit judge the following:
(1) An original or certified copy of a certificate of authority or certificate of compliance
from the Department of Insurance reflecting that the company is qualified to write a bail
line of insurance and that the company is in good standing with the department. (2) An original
qualifying power of attorney issued by the...
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19-3B-602
Section 19-3B-602 Revocation or amendment of revocable trust. (a) Unless the terms of a trust
expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.
This subsection does not apply to a trust created under an instrument executed before January
1, 2007. (b) If a revocable trust is created or funded by more than one settlor, then: (1)
to the extent the trust consists of community property, the trust may be revoked by either
spouse acting alone but may be amended only by joint action of both spouses; (2) to the extent
the trust consists of property other than community property, each settlor may revoke or amend
the trust with regard to the portion of the trust property attributable to that settlor's
contribution; and (3) upon the revocation or amendment of the trust by fewer than all of the
settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.
(c) The settlor may revoke or amend a revocable trust: (1) by...
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11-49B-7
Section 11-49B-7 Powers of authority. The authority shall exercise, subject to this chapter,
the following powers and duties necessary to the discharge of its powers and duties in corporate
form: (1) To have succession by its corporate name for the duration of time, which may be
perpetual, subject to the provisions of Section 11-49B-19 specified in its certificate of
incorporation. (2) To sue and be sued in its own name in civil suits and actions and to defend
suits against it. (3) To adopt and make use of a corporate seal and to alter the seal at pleasure.
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether located in one or more
counties or municipalities and whether located within or outside the authorizing county. (6)
To make, enter into, and execute contracts, agreements, leases, and...
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13A-6-191
Section 13A-6-191 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) CAREGIVER. An individual who has the responsibility for the care
of an elderly person as a result of family relationship or who has assumed the responsibility
for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of
the ties of friendship. (2) DECEPTION. Deception occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true. b. Fails to correct a false impression which the defendant previously has created
or confirmed. c. Fails to correct a false impression when the defendant is under a duty to
do so. d. Prevents another from acquiring information pertinent to the disposition of the
property involved. e. Sells or otherwise transfers or encumbers property, failing to disclose
a lien, adverse claim, or other legal impediment to the enjoyment of the...
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17-5-8
Section 17-5-8 Reports of contributions and expenditures by candidates, committees, and officials;
filing; procedure. (a) The treasurer, designated filing agent, or candidate, shall file with
the Secretary of State or judge of probate, as designated in Section 17-5-9, periodic reports
of contributions and expenditures at the following times once a principal campaign committee
files its statement under Section 17-5-4 or a political action committee files its statement
of organization under Section 17-5-5: (1) Beginning after the 2012 election cycle, regardless
of whether a candidate has opposition in any election, monthly reports not later than the
second business day of the subsequent month, beginning 12 months before the date of any primary,
special, runoff, or general election for which a political action committee or principal campaign
committee receives contributions or makes expenditures with a view toward influencing such
election's result. A monthly report shall include all...
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