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26-2A-151
Section 26-2A-151 Persons dealing with conservators; protection. (a) A person who in good faith
either assists or deals with a conservator for value in any transaction other than those requiring
a court order as provided in Section 26-2A-136 is protected as if the conservator properly
exercised the power. The fact that a person knowingly deals with a conservator does not alone
require the person to inquire into the existence of a power or the propriety of its exercise,
but restrictions on powers of conservators which are endorsed on letters as provided in Section
26-2A-154 are effective as to third persons. A person is not bound to see to the proper application
of estate assets paid or delivered to a conservator. (b) The protection expressed in this
section extends to any procedural irregularity or jurisdictional defect occurring in proceedings
leading to the issuance of letters and is not a substitution for protection provided by comparable
provisions of the law relating to commercial...
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26-2A-130
Section 26-2A-130 Protective proceedings. (a) Upon petition and after notice and hearing in
accordance with the provisions of this division, the court may appoint a conservator or make
any other protective order for cause as provided in this section. (b) Appointment of a conservator
or other protective order may be made in relation to the estate and affairs of a minor if
the court determines that a minor owns funds or property requiring management or protection
that cannot otherwise be provided or has or may have business affairs that may be jeopardized
or prevented by minority, or that funds are needed for health, support, education, or maintenance
and that protection is necessary or desirable to obtain or provide funds. (c) Appointment
of a conservator or other protective order may be made in relation to the estate and affairs
of a person if the court determines that (i) the person is unable to manage property and business
affairs effectively for such reasons as mental illness,...
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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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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
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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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19-3B-411
Section 19-3B-411 Modification or termination of noncharitable irrevocable trust by consent.
(a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the
modification or termination of an irrevocable trust, the court shall enter an order approving
the modification or termination even if the modification or termination is inconsistent with
a material purpose of the trust. A settlor's power to consent to a trust's modification or
termination may be exercised by an agent under a power of attorney only to the extent expressly
authorized by the power of attorney or the terms of the trust; by the settlor's conservator
with the approval of the court supervising the conservatorship if an agent is not so authorized;
or by the settlor's guardian with the approval of the court supervising the guardianship if
an agent is not so authorized and a conservator has not been appointed. (b) A noncharitable
irrevocable trust may be terminated upon consent of all of the...
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45-37-80.20
Section 45-37-80.20 Appointment; duties; special reporter; fee; salary; oath; supplies. (a)
That each of the judges of such circuit courts of this state shall appoint a competent shorthand
writer to perform the duties of official court reporters over the court in the circuit over
which the judge presides; that such official court reporter shall not be subject to the provisions
of any civil service system as may be effective in such county or counties or circuit or circuits;
that such official court reporter shall serve at the pleasure of the appointing judge; that
no two judges shall appoint the same court reporter; that no person shall be appointed official
or special court reporter under this section who is not able to correctly report in shorthand
the proceedings in all trials as the same may occur and neatly and expeditiously transcribe
on the typewriter the testimony taken by him or her. The official court reporter shall be
an officer of the court, and within his or her circuit...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court
authorization. The court, in lieu of sureties on a bond, may accept other collateral for the
performance of the bond, including a pledge of securities or any other assets or a mortgage
of land. (b) The court may at any time reduce the bond of the conservator or require the conservator
to provide additional or larger bond as may seem to be proper...
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35-5A-19
Section 35-5A-19 Renunciation, resignation, death or removal of custodian; designation of successor
custodian. (a) A person nominated under section 35-5A-4 or designated under section 35-5A-10
as custodian may decline to serve by delivering a valid disclaimer to the person who made
the nomination or to the transferor or the transferor's legal representative or by effecting
a valid disclaimer in the manner that interests in property may be disclaimed under the Alabama
Uniform Disclaimer of Property Interests Act. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and eligible to serve was nominated under
section 35-5A-4, the person who made the nomination may nominate a substitute custodian under
section 35-5A-4; otherwise the transferor or the transferor's legal representative shall designate
a substitute custodian at the time of the transfer, in either case from among the persons
eligible to serve as custodian for that kind of property...
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30-4-64
Section 30-4-64 Probation officers - Appointment; duties generally; service of process, etc.
The judge of the juvenile court may call upon the sheriff or any deputy sheriff in the county,
any constable in said county, any police or other peace officer in any town or city in said
county or any humane or probation officer in said county to serve as probation officer, under
the terms of this article, and he may appoint in any particular case, any other discreet person
willing to serve in such case as such probation officer. Said officers, when so requested
or appointed by said judge, if it will not interfere with the performance of the duties of
their respective offices, shall faithfully perform the duties which may be prescribed for
them by the court or judge above mentioned and shall promptly make all reports which may be
required of him by said court or judge. The sheriff of the county shall serve all writs, processes
and papers directed by the court to be served by him, and a suitable...
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