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26-1A-108
Section 26-1A-108 Nomination of conservator or guardian; relation of agent to court-appointed
fiduciary. (a) In a power of attorney, a principal may nominate a conservator of the principal's
estate or guardian of the principal's person for consideration by the court, if protective
proceedings for the principal's estate or person are begun after the principal executes the
power of attorney. Except for good cause shown or disqualification, the court shall make its
appointment in accordance with the principal's most recent nomination. (b) If, after a principal
executes a power of attorney, a court appoints a conservator of the principal's estate or
other fiduciary charged with the management of all the property of the principal or all of
his or her property except specified exclusions, the agent is accountable to the fiduciary
as well as to the principal. In such event, the fiduciary has the same power to revoke or
amend the power of attorney that the principal would have had if he or she...
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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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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint
an individual or a corporation with general power to serve as trustee or conservator of the
estate of a protected person. The following are entitled to consideration for appointment
in the order listed: (1) A conservator, guardian of property, or other like fiduciary appointed
or recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to
construe a power of attorney, determine the validity of a power of attorney, or review the
agent's conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian,
conservator, or other fiduciary acting for the principal; (3) a person authorized to make
health care decisions for the principal; (4) the principal's spouse, parent, or descendant;
(5) an individual who would qualify as a presumptive heir of the principal; (6) a person named
as a beneficiary to receive any property, benefit, or contractual right on the principal's
death or as a beneficiary of a trust created by or for the principal that has a financial
interest in the principal's estate; (7) a governmental agency having regulatory authority
to protect the welfare of the principal; (8) the principal's caregiver or another person that
demonstrates sufficient interest in the principal's welfare; (9) a person asked to...
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19-1A-2
Section 19-1A-2 (Effective January 1, 2018) Definitions. In this chapter, the following
terms have the following meanings: (1) "Account" means an arrangement under a terms-of-service
agreement in which a custodian carries, maintains, processes, receives, or stores a digital
asset of the user or provides goods or services to the user. (2) "Agent" means a
person granted authority to act for a principal under a power of attorney, whether denoted
an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor
agent, and person to which an agent's authority is delegated. (3) "Carries" means
engages in the transmission of an electronic communication. (4) "Catalogue of electronic
communications" means information that identifies each person with which a user has had
an electronic communication, the time and date of the communication, and the electronic address
of the person. (5) "Conservator" means a person appointed by a court to manage the
estate of a...
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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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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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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may
expend or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without
court authorization. The court, in lieu of sureties on a bond, may accept other collateral
for the performance of the bond, including a pledge of securities or any other assets or a
mortgage of land. (b) The court may at any time reduce the bond of the conservator or require
the conservator to provide additional or larger bond as may seem to be proper...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of
a trustee, includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating
to an individual's health, education, support, or maintenance within the meaning of Section
2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January
1, 2007, or as later amended. (3) BENEFICIARY means a person that: (A) has a present or future
beneficial interest in a trust, vested or contingent; or (B) in a capacity other than that
of trustee, holds a power of appointment over trust property. (4) CHARITABLE TRUST means a
trust, or portion of a trust, created for a charitable purpose described in Section
19-3B-405(a). (5) CONSERVATOR means a person appointed by the court to administer the estate
of a minor or adult individual. (6) ENVIRONMENTAL LAW means a federal, state, or local law,
rule, regulation, or ordinance relating to protection of the environment. (7) GUARDIAN means
a...
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