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26-2B-204
Section 26-2B-204 Special jurisdiction. (a) A court of this state lacking jurisdiction
under Section 26-2B-203 has special jurisdiction to do any of the following: (1) appoint
a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically
present in this state; (2) issue a protective order with respect to real or tangible personal
property located in this state; (3) appoint a guardian or conservator for an incapacitated
or protected person for whom a provisional order to transfer the proceeding from another state
has been issued under procedures similar to Section 26-2B-301. (b) If a petition for
the appointment of a guardian in an emergency is brought in this state and this state was
not the respondent's home state on the date the petition was filed, the court shall dismiss
the proceeding at the request of the court of the home state, if any, whether dismissal is
requested before or after the emergency appointment. (c) The court may entertain successive...
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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-156
Section 26-2A-156 Claims against protected person; enforcement. (a) A conservator may
pay or secure from the estate claims against the estate or against the protected person arising
before or after the conservatorship upon their presentation and allowance in accordance with
the priorities stated in subsection (d). A claim may be presented by either of the following
methods: (1) The claimant may deliver or mail to the conservator a written statement of the
claim indicating its basis, the name and mailing address of the claimant, and the amount claimed;
or (2) The claimant may file a written statement of the claim, in the form prescribed by rules
of the court, with the clerk of court and deliver or mail a copy of the statement to the conservator.
(b) A claim is deemed presented on the first to occur of receipt of the written statement
of claim by the conservator or the filing of the claim with the court. A presented claim is
presumed to be disallowed if receipt of the claim is not...
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26-2A-78
Section 26-2A-78 Powers and duties of guardian of minor. (a) A guardian of a minor ward
has the powers and responsibilities of a parent regarding the ward's health, support, education,
or maintenance, but a guardian is not personally liable for the ward's expenses and is not
liable to third persons by reason of the relationship for acts of the ward. (b) In particular
and without qualifying the foregoing, a guardian shall: (1) Become or remain personally acquainted
with the ward and maintain sufficient contact with the ward to know of the ward's capacities,
limitations, needs, opportunities, and physical and mental health; (2) Take reasonable care
of the ward's personal effects and commence protective proceedings if necessary to protect
other property of the ward; (3) Apply any available money of the ward to the ward's current
needs for health, support, education, or maintenance; (4) Conserve any excess money of the
ward for the ward's future needs, but if a conservator has been...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing
and analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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26-2A-137
Section 26-2A-137 Protective arrangements and single transactions authorized. (a) If
it is established in a proper proceeding that a basis exists for the appointment of a conservator
or protective order as described in Section 26-2A-130, the court, without appointing
a conservator, may authorize, direct, or ratify any transaction necessary or desirable to
achieve any security, service, or care arrangement meeting the foreseeable needs of the protected
person. Protective arrangements include payment, delivery, deposit, or retention of funds
or property; sale, mortgage, lease, or other transfer of property, including, but not limited
to the leasing of oil, gas, and other mineral rights of the protected person; entry into an
annuity contract, a contract for life care, a deposit contract, or a contract for training
and education; or addition to or establishment of a suitable trust. (b) If it is established
in a proper proceeding that a basis exists for the appointment of a conservator or...
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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama
hereby agrees to the following interstate compact known as the Interstate Insurance Product
Regulation Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of
joint and cooperative action among the compacting states: 1. To promote and protect the interest
of consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-60-2.htm - 45K - Match Info - Similar pages
38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested
person may petition the court to order protective placement or other protective services for
an adult in need of protective services. No protective placement or other protective services
may be ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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26-2A-158
Section 26-2A-158 Termination of proceedings. (a) The protected person, conservator,
or any other interested person may petition the court to terminate the conservatorship. A
protected person seeking termination is entitled to the same rights and procedures as in an
original proceeding for a protective order. If the conservator has accounted to the formerly
protected person, no accounting is necessary. The court, upon determining after notice and
hearing that the minority or disability of the protected person has ceased, shall terminate
the conservatorship. Upon termination, title to assets of the estate passes to the formerly
protected person or to successors. The order of termination must provide for expenses of administration
and direct the conservator to execute appropriate instruments to evidence the transfer. (b)
A conservator appointed by any court of this state, on termination or removal of the protected
person's minority or disability, may present a verified petition to the...
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