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26-2A-136
over the estate and business affairs which the person could exercise if present and not under
disability, except the power to make a will. Subject to subsection (c), those powers include,
but are not limited to, power to make gifts; to convey or release contingent and expectant
interests in property, including marital property rights and any right of survivorship incident
to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected
person as trustee, personal representative, custodian for minors, conservator, or donee
of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts
of property of the estate which may extend beyond the disability or life of the protected
person; to exercise options of the protected person to purchase securities or other property;
to exercise rights to elect options and change beneficiaries under insurance and annuity policies
and to surrender the policies for their cash value; to...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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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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26-2A-160
Section 26-2A-160 Foreign conservator; proof of authority; bond; powers. If a conservator has
not been appointed in this state and no petition in a protective proceeding is pending in
this state, a conservator appointed in the state in which the protected person resides may
file in a court of this state in a [county] in which property belonging to the protected person
is located, authenticated copies of letters of appointment and of any bond. Thereafter, the
domiciliary foreign conservator may exercise as to assets in this state all powers of a conservator
appointed in this state and may maintain actions and proceedings in this state subject to
any conditions imposed upon nonresident parties generally. (Acts 1987, No. 87-590, p. 975,
ยง2-331.)...
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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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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)...
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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-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-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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26-2A-78
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 appointed
for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator
money of the ward to be conserved for the ward's future needs; and (5)...
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