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19-3A-106
Section 19-3A-106 Conversion to unitrust. (a) Unless expressly prohibited by the governing
instrument, a trustee may convert a trust into a unitrust as described in this section if
all of the following apply: (1) The trustee has concluded that the conversion will enable
the trustee to better carry out the intent of the settlor or testator and the purposes of
the trust. (2) The trustee gives written notice of the trustee's intention to convert the
trust into a unitrust, including the trustee's initial decisions as set forth below, to all
the qualified beneficiaries. The written notice shall include the following: a. An explanation
of how the unitrust will operate; b. The effective date of the conversion to a unitrust; c.
The unitrust percentage to be used; d. The provisions for prorating a unitrust distribution
for a short year in which a beneficiary's right to payments commences or ceases; e. Whether
the net fair market value of the trust assets will be determined annually or averaged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3A-106.htm - 13K - Match Info - Similar pages
22-52-92
Section 22-52-92 Applicability to counties. (a) This article shall not be applicable to any
county unless and until the judge of probate with the approval of the county commission of
that particular county makes a finding that there exists in the county provisions for implementation
of the community mental health officer program and the necessary facilities to detain persons
pursuant to this article. In that event, the judge of probate shall open a case under a docket
number and enter therein findings upon the records of the court which shall also expressly
state the intention thereby to invoke this article. Notification and a copy of the court's
findings and statement shall be served on all designated mental health facilities located
within the county, all law enforcement agencies within the county, the Commissioner of the
state Department of Mental Health, the state Attorney General, the Secretary of State, the
Governor of the State of Alabama, and any other persons deemed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-92.htm - 3K - Match Info - Similar pages
26-10A-11
Section 26-10A-11 Consent or relinquishment. (a) A consent or relinquishment shall be in writing,
signed by the person consenting or relinquishing, and shall state the following: (1) The date,
place, and time of execution. (2) The date of birth or if prior to birth expected date of
birth of the adoptee and any names by which the adoptee has been known. (3) The relationship
of the person consenting or relinquishing to the adoptee. (4) The name of each petitioner,
unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent
contains a statement that the person executing the consent knows that he or she has a right
to know the identity of each petitioner but voluntarily waives this right. (5) That the person
executing the document is voluntarily and unequivocally consenting to the adoption of the
named adoptee. (6) That by signing the document and subsequent court order to ratify the consent,
the person executing the document understands that he or she will...
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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent to the
petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-7.htm - 3K - Match Info - Similar pages
3-6A-4
Section 3-6A-4 Sworn statement; dangerous dog investigation; hearing; procedures. (a)(1) When
a person claims that a dog is dangerous, the person shall make a sworn statement before a
city magistrate or sheriff setting forth the name of the dog owner, if known, the location
where the dog is being kept in the city or county, and the reason he or she believes the dog
to be dangerous. (2) The sworn statement shall be delivered to an animal control officer who
shall complete a dangerous dog investigation.When the sworn statement claims that a dog has
caused serious physical injury or death to a person, the duties of the animal control officer,
including but not limited to the dangerous dog investigation, shall be carried out by a law
enforcement officer. (b) An animal control officer may initiate a dangerous dog investigation
in cases where a complaint has been made pursuant to subsection (a) and a person has been
bitten, received physical injury or serious physical injury, or has died....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/3-6A-4.htm - 7K - Match Info - Similar pages
30-3-172
Section 30-3-172 Request for hearing; purpose of hearing; notification of decision; appeal;
suspension of license. (a) Upon receipt of a request for a hearing, the department shall schedule
a hearing for the purpose of determining if withholding, restricted use, or suspension of
the obligor's license is appropriate. The department shall stay withholding, restricted use,
or suspension of the license pending the outcome of the hearing. The hearing shall be for
the purpose of contesting the determination of the department of all of the following: (1)
That the obligor is at least six months delinquent in child support payments. (2) That the
obligor has not entered into a payment plan approved by the department. (3) If appropriate,
that the obligor has failed to comply with a warrant or subpoena relating to a paternity or
child support case. (4) That the withholding, restricted use, or suspension of the license
is appropriate. No evidence with respect to the appropriateness of the support...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-172.htm - 3K - Match Info - Similar pages
45-11-231.10
Section 45-11-231.10 Removal, discharge, or demotion of merit employees; proceedings before
board; appeal. (a) The sheriff may remove, discharge, or demote any merit employee who is
directly under the sheriff, provided that within five days a report in writing of the action
is made to the board, giving the reason for the removal, discharge, or demotion. The employee
shall have 10 days within which to appeal to the board from the time of his or her notification
of removal, discharge, or demotion. If an appeal is filed, the board shall thereupon order
the charges or complaint to be filed forthwith in writing, if not already filed, and shall
hold a hearing de novo on the charges. No merit employee shall be removed, discharged, or
demoted except for some personal misconduct or fact rendering his or her further tenure harmful
to the public interest, or for some cause affecting or concerning his or her fitness or ability.
If the employee's removal, discharge, or demotion is appealed to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-11-231.10.htm - 3K - Match Info - Similar pages
11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-68.htm - 7K - Match Info - Similar pages
22-11A-28
Section 22-11A-28 Commitment petition - Limitations placed upon liberty of person; probate
judge determination; standard for imposing limitations; probable cause hearing; temporary
treatment before final hearing. (a) When a petition has been filed, seeking to have limitations
placed upon the liberty of a person, pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which such person is located, to
serve a copy of the petition upon such person and to bring such person before the probate
judge instanter. When any such person against whom a petition has been filed, seeking to have
limitations placed upon such person's liberty pending the outcome of a full and final hearing
on the merits, is initially brought before the probate judge, the probate judge shall determine
from an interview with the person sought to be committed and with other available persons,
what limitations, if any, shall be imposed upon such person's liberty and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-28.htm - 2K - Match Info - Similar pages
22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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