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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
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19-3B-103
which is exercisable by another person only upon consent of the trustee or a person holding
an adverse interest. (12) PRESUMPTIVE REMAINDER BENEFICIARY means a person who would be entitled
to the principal of a trust if the income interest were immediately terminated, and if a trust
contains a power of appointment, then the holder of such power of appointment shall also be
a presumptive remainder beneficiary. (13) PROPERTY means anything that may be the subject
of ownership, whether real or personal, legal or equitable, or any interest therein.
Property includes choses in action, claims, and interests created by beneficiary designation
under policies of insurance, financial instruments and deferred compensation and other retirement
arrangements, whether revocable or irrevocable. (14) QUALIFIED BENEFICIARY means a living
beneficiary who, on the date the beneficiary's qualification is determined: (A) is a distributee
or permissible distributee of trust income or principal; (B) would be a...
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26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
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26-2A-75
Section 26-2A-75 Procedure for court-appointment of guardian of minor. (a) A minor or any person
interested in the welfare of the minor may petition for appointment of a guardian. (b) After
the filing of a petition, the court shall set a date for hearing, and the petitioner shall
give notice of the time and place of hearing the petition in the manner prescribed by Section
26-2A-50 to: (1) The minor, if 14 or more years of age and not the petitioner; (2) Any person
alleged to have had the principal care and custody of the minor during the 60 days preceding
the filing of the petition; and (3) Any living parent of the minor. (c) Upon hearing, if the
court finds that a suitable person seeks appointment, venue is proper, the required notices
have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and
best interest of the minor will be served by the requested appointment, it shall make the
appointment and issue letters. In other cases, the court may dismiss the...
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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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26-2A-153
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 person. (2) The conservator shall expend or distribute sums reasonably necessary
for the health, support, education, or maintenance of the protected person and dependents
with due regard to (i) the size of the estate, the probable duration of the conservatorship,
and the likelihood that the protected person, at some future time, may be...
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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody. When
a child is taken into custody, the person taking the child into custody shall inform the child
of all of the following, in language understandable to the child: (1) The reason that the
child is being taken into custody. (2) That the child has the right to communicate with his
or her parent, legal guardian, or legal custodian whether or not that person is present. If
necessary, reasonable means will be provided for the child to do so. (3) The child has the
right to communicate with an attorney. If the child does not have an attorney, one will be
appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice
of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person,
agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless
parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed
custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined
in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased
parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319.
(6) Any person known to the petitioners as currently having physical custody of the adoptee,
excluding foster parents or other private licensed agencies, or having visitation rights with
the adoptee under an existing court order. (7) The agency or individual authorized to investigate
the adoption under Section 26-10A-19. (8) Any other...
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26-23B-7
Section 26-23B-7 Civil remedies. (a) Any woman upon whom an abortion has been performed or
induced in violation of this chapter, or the father of the unborn child who was the subject
of such an abortion, may maintain an action against the person who performed or induced the
abortion in intentional, knowing, or reckless violation of this chapter for actual and punitive
damages. Any woman upon whom an abortion has been attempted in violation of this chapter may
maintain an action against the person who attempted to perform the abortion in intentional,
knowing, or reckless violation of this chapter for actual damages. (b) A cause of action for
injunctive relief against any person who has intentionally, knowingly, or recklessly violated
this chapter and Section 22-9A-13 may be maintained by the woman upon whom an abortion was
performed or induced or attempted to be performed or induced in violation of this chapter,
by any person who is the spouse, parent, sibling, or guardian of, or a...
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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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