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9-18-1
this compact any and all donations, and grants of money, equipment, supplies, materials, and
services (conditional or otherwise) from any state or the United States or any subdivision
or agency thereof, or interstate agency, or from any institution, person, firm, or corporation,
and may receive, utilize and dispose of the same. "(i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold, and convey real and personal property and any interest therein. "(j) The
board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall
have the power to amend and rescind these bylaws, rules, and regulations. The board shall
publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof,
and shall also file a copy of any amendment thereto, with the appropriate agency or officer
in each of the party states. "(k) The board annually shall make to the governor of...
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9-18A-1
under this compact any and all donations and grants of money, equipment, supplies, materials
and services (conditional or otherwise) from any state or the United States or any subdivision
or agency thereof, or interstate agency, or from any institution, person, firm or corporation,
and may receive, utilize and dispose of the same. "(i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold and convey real and personal property and any interest therein. "(j) The
board shall adopt bylaws, rules and regulations in convenient form, and shall also file a
copy of any amendment thereto, with the appropriate agency or officer in each of the party
states. "(k) The board annually shall make to the governor of each party state, a report
covering the activities of the board for the preceding year, and embodying such recommendations
as may have been adopted by the board, which report shall be transmitted to the...
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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed
guardian of an incapacitated person. (b) Unless lack of qualification or other good cause
dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated
person's most recent nomination in a durable power of attorney. (c) Except as provided in
subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse
or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person; (3) A parent of the incapacitated person,
or a person nominated by will of a deceased parent or by other writing signed by a parent
and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated
person with whom the person has resided for more than six months prior...
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26-1-2
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to May 8, 1997, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority granted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-1-2.htm - 12K - Match Info - Similar pages
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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26-2A-105
Section 26-2A-105 Findings; order of appointment. (a) The court shall exercise the authority
conferred in this division so as to encourage the development of maximum self-reliance and
independence of the incapacitated person and make appointive and other orders only to the
extent necessitated by the incapacitated person's mental and adaptive limitations or other
conditions warranting the procedure. (b) The court may appoint a guardian as requested if
it is satisfied that the person for whom a guardian is sought is incapacitated and that the
appointment is necessary or desirable as a means of providing continuing care and supervision
of the person of the incapacitated person. The court, on appropriate findings, may (i) treat
the petition as one for a protective order under Section 26-2A-130 and proceed accordingly,
(ii) enter any other appropriate order, or (iii) dismiss the proceedings. (c) The court, at
the time of appointment or later, on its own motion or on appropriate petition or...
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26-2A-20
after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes the property
of the person whose affairs are subject to this chapter. (7) GUARDIAN. A person who has qualified
as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination
or court appointment and includes a limited guardian as described in Sections 26-2A-78(e)
and 26-2A-105(c), but excludes one who is merely a guardian ad litem. (8)...
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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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10A-8A-1.08
Section 10A-8A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a partnership or to another
partner or to another person that is a party to or is otherwise bound by a partnership agreement,
the partner's or other person's duties may be expanded or restricted or eliminated by provisions
in a written partnership agreement, but the implied contractual covenant of good faith and
fair dealing may not be eliminated. (2) A written partnership agreement may provide for the
limitation or elimination of any and all liabilities for...
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10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
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