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26-1A-118
Section 26-1A-118 Agent's resignation; notice. Unless the power of attorney provides a different
method for an agent's resignation, an agent may resign by giving notice to the principal and,
if the principal is incapacitated: (1) to the conservator, or guardian if there is no conservator,
if either has been appointed for the principal and a co-agent or successor agent; or (2) if
there is no person described in paragraph (1): (A) the principal's caregiver; (B) another
person reasonably believed by the agent to have sufficient interest in the principal's welfare;
or (C) a governmental agency having authority to protect the welfare of the principal. (Act
2011-683, p. 2015, ยง1.)...
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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-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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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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5-11A-32
Section 5-11A-32 Notice of transfer. (a) Within 30 days after the date of the transfer of the
fiduciary accounts, the transferor shall send written notice by first class mail to the last
known address (as then set forth on the records of the transferor, or if not set forth, as
may be determined by the transferor in the exercise of reasonable diligence) of the following
persons or entities: (1) For employee benefit plans, to the plan sponsors. (2) For individual
retirement accounts and retirement accounts for the self-employed, to the account owners.
(3) For agency and escrow accounts, to the principals. (4) For securities for which a transferor
bank serves as trustee, registrar, transfer agent or paying agent, to the issuers. (5) For
revocable trusts under agreement, to the settlors. (6) For irrevocable trusts under agreement,
to any co-fiduciary, to the settlor, to each current income beneficiary who is an adult, and
if a current income beneficiary is a minor, to a parent of the minor...
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5-17-47
Section 5-17-47 Procedure for adopting, amending, or repealing regulations and interpretations;
contesting regulations. (a) Prior to the adoption, amendment, or repeal of any regulation
or interpretation, the administrator shall: (1) Give at least 30 days' notice of the intended
action. The notice shall include a statement of either the terms or substance of the intended
action or a description of the subjects and issues involved, and the time when, the place
where, and the manner in which interested persons may present their views thereon. The notice
shall be made publicly available, and all credit unions chartered under the laws of this state
shall be given notice of such intended action. A complete copy of the proposed regulation
shall be filed with the Secretary of State; and (2) Afford all interested persons reasonable
opportunity to submit data, views, or arguments, orally or in writing. Opportunity for oral
hearing must be granted if requested by 25 persons or by a governmental...
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5-2A-9
Section 5-2A-9 Superintendent - Procedure for promulgation of regulations; emergency regulations;
judicial review. (a) Prior to the adoption, amendment, or repeal of any regulation, the superintendent
shall: (1) Give at least 35 days' notice of the intended action. The notice shall include
a statement of either the terms or substance of the intended action or a description of the
subjects and issues involved, and the time when, the place where, and the manner in which
interested persons may present their views thereon. The notice shall be mailed to all banks
in this state and shall be published in a newspaper of general circulation in Montgomery County.
A complete copy of the proposed regulation shall be filed with the Secretary of State; and
(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments,
orally or in writing. Opportunity for oral hearing must be granted if requested by 25 persons,
by a governmental subdivision or agency, or by an...
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10A-2A-1.40
Section 10A-2A-1.40 Chapter definitions. Notwithstanding Section 10A-1-1.03, as used in this
chapter, unless otherwise specified or unless the context otherwise requires, the following
terms have the following meanings: (1) AUTHORIZED STOCK means the stock of all classes and
series a corporation or foreign corporation is authorized to issue. (2) BENEFICIAL STOCKHOLDER
means a person who owns the beneficial interest in stock, which is either a record stockholder
or a person on whose behalf shares of stock are registered in the name of an intermediary
or nominee. (3) CERTIFICATE OF INCORPORATION means the certificate of incorporation described
in Section 10A-2A-2.02, all amendments to the certificate of incorporation, and any other
documents permitted or required to be delivered for filing by a corporation with the Secretary
of State under this chapter or Chapter 1 that modify, amend, supplement, restate, or replace
the certificate of incorporation. After an amendment of the certificate...
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36-25A-7
Section 36-25A-7 Executive sessions. (a) Executive sessions are not required by this chapter,
but may be held by a governmental body only for the following purposes: (1) To discuss the
general reputation and character, physical condition, professional competence, or mental health
of individuals, or, subject to the limitations set out herein, to discuss the job performance
of certain public employees. However, except as provided elsewhere in this section, discussions
of the job performance of specific public officials or specific public employees may not be
discussed in executive session if the person is an elected or appointed public official, an
appointed member of a state or local board or commission, or a public employee who is one
of the classification of public employees required to file a statement of economic interests
with the Alabama Ethics Commission pursuant to Section 36-25-14. Except as provided elsewhere
in this section, the salary, compensation, and job benefits of...
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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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