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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (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...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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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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34-27-81
Section 34-27-81 Definitions. As used in this article, the following words shall have the following
meanings: (1) AGENCY AGREEMENT. A written agreement between a broker and a client which creates
a fiduciary relationship between the broker and a principal, who is commonly referred to as
a client. (2) BROKER. Any person licensed as a real estate broker pursuant to Articles 1 and
2 of this chapter. (3) BROKERAGE AGREEMENT. A specific written agreement between a brokerage
firm and a consumer which establishes a brokerage relationship. The brokerage agreement shall
contain a statement of the terms and conditions of the brokerage services to be provided.
(4) BROKERAGE SERVICE. Any service, except for rental or property management services, provided
by a broker or licensee to another person and includes all activities for which a real estate
license is required under Articles 1 and 2 of this chapter. (5) CONSUMER. A person who obtains
information, advice, or services concerning real estate...
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35-4-431
Section 35-4-431 Definitions. (a) As used in this article, the following words have the following
meanings: (1) ASSOCIATION. An association or unit owners' association, as defined in Section
35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section
35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization
composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping
resort interests, or other interests in real property that is responsible for the maintenance,
improvements, services, or expenses related to real property that is owned, used, or enjoyed
in common by the members. (2) PAYEE. The person or entity who claims the right to receive
or collect a private transfer fee payable under a private transfer obligation. A payee may
or may not have a pecuniary interest in the private transfer fee obligation. (3) PRIVATE TRANSFER
FEE. A fee or charge payable upon the transfer of an interest...
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40-18-1
Section 40-18-1 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) ADVANCED FOSSIL-BASED GENERATION. The
production of electricity from fossil-based generation with the use of technology or efficiency
improvements to control or reduce carbon emissions, including but not limited to, technologies
described in 26 U.S.C. § 48A(f), as such provision existed on December 31, 2007. (2) ALTERNATIVE
ENERGY RESOURCES. Coal gasification or liquefaction, nuclear, and advanced fossil-based generation.
(3) BIOMASS. Animals and plants, and the waste, by-products, or derivatives of either, including,
but not limited to, the materials described in 26 U.S.C. §§ 45(c)(2), 45(c)(3), 45K(c)(3),
or 48B(c)(4). (4) BUSINESS TRUST. Any entity which is a business trust for federal income
tax purposes. (5) CAPTIVE REIT. Any REIT whose shares or certificates of beneficial interest
are not regularly traded on an established...
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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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16-5-2
Section 16-5-2 Composition; appointment; qualifications of members; duties. (a) The commission
shall consist of 12 members. Ten of these members shall be appointed by the Governor, one
shall be appointed by the Lieutenant Governor, and one shall be appointed by the Speaker of
the House of Representatives by and with the advice and consent of the Senate. One person
shall be appointed from each United States Congressional District in Alabama and shall reside
or maintain an office or place of business within the congressional district from which he
is appointed, and the remaining members shall be appointed from the state at large with no
more than two in number of the total 12 members being from the same congressional district.
(b) The 12 members shall be citizens of the state and shall be selected, as far as may be
practicable, on the basis of their interest in higher education. Appointees shall be selected
without regard to political affiliation and appointments shall be of a nature as...
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19-3A-102
Section 19-3A-102 Definitions. As used in this chapter, the following terms are defined as
follows: (1) ACCOUNTING PERIOD. A calendar year unless another 12-month period is selected
by a fiduciary. The term includes a portion of a calendar year or other 12-month period that
begins when an income interest begins or ends when an income interest ends. (2) BENEFICIARY.
Includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case
of a trust, an income beneficiary and a remainder beneficiary. (3) FIDUCIARY. A personal representative
or a trustee. The term includes an executor, administrator, successor personal representative,
special administrator, and a person performing substantially the same function. (4) INCOME.
Money or property that a fiduciary receives as current return from a principal asset. The
term also includes a portion of receipts from a sale, exchange, or liquidation of a principal
asset, to the extent provided in Article 4. (5) INCOME...
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19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly provide
by specific reference to this section, then a trustee may have the power to adjust between
principal and income to the extent the trustee considers necessary if (1) the trustee invests
and manages trust assets as a prudent investor; (2) the terms of the trust describe the amount
that may or must be distributed to a beneficiary by referring to the trust's income, and (3)
the trustee determines, after applying the rules in Section 19-3A-103(a), that the trustee
is unable to comply with Section 19-3A-103(b). (b) In deciding whether and to what extent
to exercise the power conferred by subsection (a), a trustee shall consider all factors relevant
to the trust and its beneficiaries, including, but not limited to: (1) The nature, purpose,
and expected duration of the trust; (2) The intent of the settlor; (3) The identity and circumstances
of the beneficiaries; (4) The needs for liquidity for the...
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