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26-2A-51
Section 26-2A-51 Notice; waiver. A person, including a guardian, guardian ad litem, conservator,
or other fiduciary, may waive notice by a signed writing. A person for whom a guardianship
or other protective order is sought, a ward, or a protected person may not waive notice. (Acts
1987, No. 87-590, p. 975, §1-402.)...
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30-5B-2
Section 30-5B-2 Definitions. As used in this chapter, the following words have the following
meanings: (1) COURT. A circuit or district court authorized by statute to issue or modify
a protective order. (2) FOREIGN PROTECTION ORDER. A protection order issued by a tribunal
of another state. (3) ISSUING STATE. The state whose tribunal issues a protection order. (4)
MUTUAL FOREIGN PROTECTION ORDER. A foreign protection order that includes provisions in favor
of both the protected individual seeking enforcement of the order and the respondent. (5)
PROTECTED INDIVIDUAL. An individual protected by a protection order. (6) PROTECTION ORDER.
An injunction or other order, issued by a tribunal under the domestic violence or family violence
laws of the issuing state, to prevent an individual from engaging in violent or threatening
acts against, harassment of, contact or communication with, or physical proximity to, another
individual. (7) RESPONDENT. The individual against whom enforcement of a...
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26-2A-148
Section 26-2A-148 Conservators; title by appointment. (a) The appointment of a conservator
vests in the conservator title as trustee to all property, or to the part thereof specified
in the order, of the protected person, presently held or thereafter acquired, including title
to any property theretofore held for the protected person. Appointment of a conservator does
not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers
to Minors Act, or a valid durable power of attorney, except on order of the court. An order
specifying that only a part of the property of the protected person vests in the conservator
creates a limited conservatorship. (b) Except as otherwise permitted herein, the interest
of the protected person in property vested in a conservator by this section is not transferable
or assignable by the protected person. An attempted transfer or assignment by the protected
person, though ineffective to affect property rights, may generate a...
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26-2B-105
Section 26-2B-105 Cooperation between courts. (a) In a guardianship or protective proceeding
in this state, a court of this state may request the appropriate court of another state to
do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state
to produce evidence or give testimony pursuant to procedures of that state. (3) Order that
an evaluation or assessment be made of the respondent. (4) Order any appropriate investigation
of a person involved in a proceeding. (5) Forward to the court of this state a certified copy
of the transcript or other record of a hearing under paragraph (1) or any other proceeding,
any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared
in compliance with an order under paragraph (3) or (4). (6) Issue any order necessary to assure
the appearance in the proceeding of a person whose presence is necessary for the court to
make a determination, including the respondent or the incapacitated or...
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26-2B-202
Section 26-2B-202 Exclusive basis. This article provides the exclusive jurisdictional basis
for a court of this state to appoint a guardian or issue a protective order for an adult.
(Act 2010-500, p. 782, §1.)...
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26-2A-159
Section 26-2A-159 Payment of debt and delivery of property to foreign conservator without local
proceedings. (a) Any person indebted to a protected person or having possession of property
or of an instrument evidencing a debt, stock, or chose in action belonging to a protected
person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary
appointed by a court of the state of residence of the protected person upon being presented
with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:
(1) That no protective proceeding relating to the protected person is pending in this state;
and (2) That the foreign fiduciary is entitled to payment or to receive delivery. (b) If the
person to whom the affidavit is presented is not aware of any protective proceeding pending
in this state, payment or delivery in response to the demand and affidavit discharges the
debtor or possessor. (Acts 1987, No. 87-590, p. 975, §2-330.)...
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26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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