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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-53.htm - 1K - Match Info - Similar pages
26-1A-113
Section 26-1A-113 Agent's acceptance. Except as otherwise provided in the power of attorney,
a person accepts appointment as an agent under a power of attorney by exercising authority
or performing duties as an agent or by any other assertion or conduct indicating acceptance.
(Act 2011-683, p. 2015, §1.)...
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35-8-9
person having an insurable risk may be precluded from obtaining insurance, individually, at
his own expense and for his own benefit, against any risk, whether or not covered by insurance
maintained by the association. Such forms of insurance maintained by the association may include
but are not limited to the following: a. Insurance covering the entire condominium property
against loss by fire and such other hazards as may be desired. b. Liability insurance against
any risk, such as death, personal injury, or damage to property, faced by unit
owners by virtue of their common or limited common ownership in the condominium property,
including but not limited to the acts and omissions of the association, its servants, and
employees. (5) The association may have access to each unit from time to time during reasonable
hours as may be necessary for the maintenance, repair, or replacement of any common elements
or limited common elements therein or accessible therefrom or for making...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8-9.htm - 4K - Match Info - Similar pages
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, §1.)...
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26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-102.htm - 2K - Match Info - Similar pages
19-3D-7
Section 19-3D-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. NOTICE; EXERCISE OF
DECANTING POWER. (a) In this section, a notice period begins on the day notice is given under
subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided
in this chapter, an authorized fiduciary may exercise the decanting power without the consent
of any person and without court approval. (c) Except as otherwise provided in subsection (f),
an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving
record notice of the intended exercise of the decanting power to: (1) each settlor of the
first trust, if living or then in existence; (2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the
first trust; (4) each person that currently has the right to...
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43-2-842
Section 43-2-842 Persons dealing with personal representative; protection. A person
who, in good faith, either assists a personal representative or deals with the personal
representative for value is protected as if the personal representative properly exercised
the power. The fact that a person knowingly deals with a personal representative does
not alone require the person to inquire into the existence of a power or the propriety of
its exercise. Except for restrictions on powers of personal representatives which are
endorsed on the letters, no provision in any will or order of court purporting to limit the
power of a personal representative is effective except as to persons with actual knowledge
thereof. A person is not bound to see to the proper application of estate assets paid or delivered
to a personal representative. The protection here expressed extends to instances in
which some procedural irregularity or jurisdictional defect occurred in proceedings leading
to the issuance...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-842.htm - 1K - Match Info - Similar pages
45-48-70.50
Section 45-48-70.50 Powers and duties of chair. The Chair of the Marshall County Commission
shall have the following powers and duties in addition to those as may be otherwise provided
by the laws of this state: (1) All of the powers, duties, limitations, and responsibilities,
with relation to the commission as does the judge of probate with relation to county commissions
under the general laws of this state, except insofar as such powers, duties, limitations,
and responsibilities may be inconsistent with this subpart. (2) Be the presiding officer of
the commission and shall have the same powers as other members of the commission in passing
on all questions that may come before the commission including, but not limited to, the power
to vote. (3) Keep and sign the minutes of the commission and be the custodian thereof which
duties, except for the signing, he or she may delegate to any employee of the commission.
Provided however, in the event of any delegation the performance of such...
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6-5-380
for destruction of property by minor; exception. (a) The parent or parents, guardian, or other
person having care or control of any minor under the age of 18 years with whom the minor is
living and who have custody of the minor shall be liable for the actual damages sustained,
but not exceeding the sum of $1,000, plus the court costs of the action, to any person, firm,
association, corporation and the State of Alabama and its political subdivision for all damages
proximately caused by the injury to, or destruction of, any property, real, personal
or mixed, by the intentional, willful, or malicious act or acts of the minor. Except, approved
foster parents of the Department of Human Resources shall not be liable for damages caused
by foster children. (b) Nothing in this section shall be construed to limit the liability
of any such parent or parents as the same may now otherwise exist under the laws of the State
of Alabama. (Acts 1965, 2nd Ex. Sess., No. 99, p. 132; Acts 1994, 1st...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-380.htm - 1K - Match Info - Similar pages
27-17A-31
Section 27-17A-31 Deposits into trust; trustee responsibilities; interests in funds. (a) Any
person who is paid, collects, or receives funds under a preneed contract for funeral services
or funeral merchandise to be funded by trust shall deposit in trust an amount at least equal
to the sum of 75 percent of the amount collected on the purchase price for all funeral services
and funeral merchandise sold, transportation, and facilities rented other than outer burial
containers, 60 percent of the amount collected on the purchase price for outer burial containers,
110 percent of the wholesale cost of memorials from the amount collected on the purchase price
of memorials, and 100 percent of the amount collected on the purchase price for all cash advance
items sold. (b) All deposits shall be made within 30 days after the end of the calendar month
in which the preneed contract is paid in full, unless, prior to that time, all liabilities
of the seller under the preneed contract to deliver the...
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