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19-3B-303
Section 19-3B-303 Representation by fiduciaries and ancestors. To the extent there is no conflict
of interest between the representative and the person represented or among those being represented
with respect to a particular question or dispute: (1) a conservator may represent and bind
the estate that the conservator controls; (2) a guardian may represent and bind the ward if
a conservator of the ward's estate has not been appointed; (3) an agent having authority to
act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal representative
of a decedent's estate may represent and bind persons interested in the estate; and (6) a
parent or other direct ancestor may represent and bind the minor or unborn issue if a conservator
or guardian for the issue has not been appointed. (Act 2006-216, p. 314, §1.)...
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26-2A-154
Section 26-2A-154 Enlargement or limitation of powers of conservator. Subject to the restrictions
in Section 26-2A-136(c), a court having equity jurisdiction may confer on a conservator at
the time of appointment or later, in addition to the powers conferred by Sections 26-2A-152
and 26-2A-153, any power that the court itself could exercise under Sections 26-2A-136(b)(2)
and 26-2A-136(b)(3). The court, at the time of appointment or later, may limit the powers
of a conservator otherwise conferred by Sections 26-2A-152 and 26-2A-153 or previously conferred
by the court and may at any time remove or modify any limitation. If the court limits any
power conferred on the conservator by Section 26-2A-152 or Section 26-2A-153, or specifies,
as provided in Section 26-2A-148(a), that title to some but not all assets of the protected
person vests in the conservator, the limitation or specification of assets subject to the
conservatorship must be endorsed upon the letters of appointment. (Acts...
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26-2A-34
Section 26-2A-34 Records and certified copies. The clerk of court shall keep a record for each
ward or protected person involved in any document that may be filed with the court under this
chapter, including petitions, requests, and any orders or responses by the court relating
thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient
to enable users of the records to obtain adequate information. Upon payment of the required
fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator
or of any other document filed or recorded. Certificates relating to letters must show the
date of appointment. (Acts 1987, No. 87-590, p. 975, §1-305.)...
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27-41-2
Section 27-41-2 Definitions. As used in this chapter, the following terms shall have the respective
meanings herein set forth, unless the context shall otherwise require: (1) ALABAMA INSURANCE
CODE. Title 27 of this code. (2) INSURER. The term shall have the meaning ascribed in Section
27-1-2 and shall include health maintenance organizations. (3) PERSON. The term shall have
the meaning ascribed in Section 27-1-2. (4) COMMISSIONER and DEPARTMENT. The terms, respectively,
shall have the meanings ascribed in Section 27-1-2. (5) INVESTMENT. Any asset owned by an
insurer. (6) ELIGIBLE INVESTMENT. Any investment permitted by Sections 27-41-7 to 27-41-35,
inclusive, provided the investment meets all the other requirements of this chapter. (7) DOMESTIC
INSURER, FOREIGN INSURER, and ALIEN INSURER. The terms shall have the meanings ascribed in
Section 27-1-2 and shall include health maintenance organizations. (8) ADMITTED ASSET. Any
asset of an insurer permitted by the Commissioner of Insurance...
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27-41-34
Section 27-41-34 Particular investments - Real estate. (a)(1) An insurer may acquire, invest
in, own, maintain, alter, furnish, and improve the following real estate: a. Land and buildings
used for home office and branch office purposes, together with such other real estate as is
required for the convenient transaction of its business; and b. Funeral home buildings used
in the servicing of burial insurance policies. (2) An insurer may lease to others part of
the real property otherwise occupied by it for home office and other purposes under paragraphs
a. and b. of subdivision (1) of this subsection, except that the value of the parts so leased
must be included in subdivision (2) of subsection (b) of this section. (3) Except as provided
in subsection (e) of this section, an insurer may not carry, as an admitted asset, real estate
acquired under this subsection following 10 years from the date when such real estate ceases
to be necessary for the convenient accommodation of the insurer in...
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26-2A-141
Section 26-2A-141 Effect of acceptance of appointment. By accepting appointment, a conservator
submits personally to the jurisdiction of the court in any proceeding relating to the estate
which may be instituted by any interested person. Notice of any proceeding must be delivered
to the conservator or mailed by registered or certified mail to the address as listed in the
petition for appointment or as thereafter reported to the court and to the address as then
known to the petitioner. (Acts 1987, No. 87-590, p. 975, §2-312.)...
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26-2A-32
Section 26-2A-32 Venue; multiple proceedings; transfer. (a) If a proceeding under this chapter
could be maintained in more than one place in this state, the court in which the proceeding
is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same
estate, protected person, or ward are commenced in more than one court of this state, the
court in which a proceeding was first commenced shall continue to hear the matter and determine
venue. Any other court shall hold the matter in abeyance until the question of venue is decided.
If the ruling court determines that venue is properly in another court, it shall transfer
the proceeding to the other court. (c) If the court finds that in the interest of justice
a proceeding or a file should be located in another court of this state, the court may transfer
the proceeding or file to the other court. (Acts 1987, No. 87-590, p. 975, §1-303.)...
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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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27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
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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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