Code of Alabama

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26-1A-114
Section 26-1A-114 Agent's duties. (a) Notwithstanding provisions in the power of attorney,
an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable
expectations to the extent actually known by the agent and, otherwise, in the principal's
best interest; (2) act in good faith; and (3) act only within the scope of authority granted
in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent
that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act
so as not to create a conflict of interest that impairs the agent's ability to act impartially
in the principal's best interest; (3) act with the care, competence, and diligence ordinarily
exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements,
and transactions made on behalf of the principal; (5) cooperate with a person that has authority
to make health care decisions for the principal to carry out...
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38-9F-8
Section 38-9F-8 Ex parte relief. (a) If it appears from a petition for an elder abuse
protection order or a petition to modify an elder abuse protection order that elder abuse
has occurred or a modification is warranted, the court may do either of the following: (1)
Without notice or hearing, immediately issue an ex parte elder abuse protection order or modify
an ex parte elder abuse protection order as it deems necessary. (2) After providing notice
as required by the Alabama Rules of Civil Procedure, issue an elder abuse protection order
or modify an elder abuse protection order after a hearing whether or not the defendant appears.
(b) Based upon a risk of imminent potential harm to the plaintiff, a court may grant one or
more of the following ex parte forms of relief without prior notice to the defendant or a
hearing: (1) Enjoin the defendant from threatening to commit or committing acts of elder abuse
against the plaintiff and any other individual designated by the court. (2)...
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19-1A-15
Section 19-1A-15 (Effective January 1, 2018) Fiduciary duty and authority. (a) The legal
duties imposed on a fiduciary charged with managing tangible property apply to the management
of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty
of confidentiality. (b) A fiduciary's or a designated recipient's authority with respect to
a digital asset of a user: (1) except as otherwise provided in Section 19-1A-4, is
subject to the applicable terms of service; (2) is subject to other applicable law, including
copyright law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's
duties; and (4) may not be used to impersonate the user. (c) A fiduciary with authority over
the property of a decedent, protected person, principal, or settlor has the right to access
any digital asset in which the decedent, protected person, principal, or settlor had a right
or interest and that is not held by a custodian or subject to a terms-of-service...
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27-12-21
Section 27-12-21 Proceedings on unfair competition, etc., not defined under chapter
- Generally. (a) Whenever the commissioner has reason to believe that any person engaged in
the business of insurance is engaging in this state in any method of competition, or in any
act or practice in the conduct of such business which is not defined in this trade practices
law, that such method of competition is unfair or that such act or practice is unfair or deceptive
and that a proceeding by him in respect thereto would be to the interest of the public, he
may issue and serve such person a statement of the charges in that respect and a notice of
a hearing thereon to be held at a time and place fixed in the notice, which shall not be less
than 10 days after the date of the service thereof. Each such hearing shall be conducted in
the same manner as the hearings provided for in Section 27-12-18. The commissioner
shall, after such hearing, make a report in writing in which he shall state his findings...

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41-4-322
Section 41-4-322 Programs; director; standards; duties of director and local indigent
defense advisory board; budget. (a) The office shall develop and improve programs to provide
legal representation to indigents. (b) The office shall have a director, who shall be chosen
by the Director of Finance on the basis of training, experience, and other qualifications.
The term of office shall be three years, subject to termination for cause. The person selected
as Director of the Office of Indigent Defense Services, in addition to the above qualifications
and experience, shall be an attorney licensed to practice law in the State of Alabama. The
director shall be chosen from a list of three qualified candidates nominated by the Alabama
State Bar Board of Bar Commissioners within 60 days of a vacancy occurring. The Director of
Finance shall serve as the Director of Indigent Defense Services on an interim basis if a
vacancy exists. If the Alabama State Bar Board of Bar Commissioners fails to...
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8-6-58
Section 8-6-58 Personnel. (a) The Director of the Securities Commission shall prepare
in writing a manual of necessary employee positions for the commission, including job classifications,
personnel qualifications, duties, maximum and minimum salary schedules, and other personnel
information for approval by the commission. (b) Subject to the provisions of the Merit System
law, the director may select, appoint, and employ such accountants, auditors, financial analysts,
special agents and senior special agents, clerks, and other personnel as the director deems
necessary for the proper administration of the Alabama securities laws including legal counsel
to act as attorneys for the commission in actions or proceedings brought by or against the
commission under or pursuant to any provision of law under the commission's jurisdiction,
or in which the commission joins or intervenes as to a matter within the commission's jurisdiction,
as a friend of the court or otherwise, and stenographic...
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10A-8A-10.03
Section 10A-8A-10.03 Death or disqualification of partner. (a) In the case of a limited
liability partnership performing professional services, upon the death of a partner, upon
a partner becoming a disqualified person, or upon a transferable interest being transferred
by operation of law or court decree to a disqualified person, the transferable interest of
the deceased partner or of the disqualified person may be transferred to a qualified person
and, if not so transferred, subject to Section 10A-8A-4.09, shall be purchased by the
limited liability partnership as provided in this section. (b) If the price of the
transferable interest is not fixed by the partnership agreement, the limited liability partnership,
within six months after the death or 30 days after the disqualification or transfer, as the
case may be, shall make a written offer to pay to the holder of the transferable interest
a specified price deemed by the limited liability partnership to be the fair value of the...

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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court;
special judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order
may be filed by the director of a state mental health facility or his designee at least 30
days prior to the expiration of the current commitment order. The petition, together with
a copy of the original commitment order and copies of any subsequent renewal commitment orders,
shall be filed with the probate court of the county where the facility is located. The petition
shall explain in detail why renewal of the order is being requested, and shall further explain
in detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or
may request that the case be heard by a special judge of probate. (c) Whenever and wherever
it shall become necessary that a special judge of probate be provided to hear and...
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26-2A-75
Section 26-2A-75 Procedure for court-appointment of guardian of minor. (a) A minor or
any person interested in the welfare of the minor may petition for appointment of a guardian.
(b) After the filing of a petition, the court shall set a date for hearing, and the petitioner
shall give notice of the time and place of hearing the petition in the manner prescribed by
Section 26-2A-50 to: (1) The minor, if 14 or more years of age and not the petitioner;
(2) Any person alleged to have had the principal care and custody of the minor during the
60 days preceding the filing of the petition; and (3) Any living parent of the minor. (c)
Upon hearing, if the court finds that a suitable person seeks appointment, venue is proper,
the required notices have been given, the conditions of Section 26-2A-73(a) have been
met, and the welfare and best interest of the minor will be served by the requested appointment,
it shall make the appointment and issue letters. In other cases, the court may dismiss the...

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34-3-43
Section 34-3-43 Powers generally. (a) The Board of Commissioners shall have power: (1)
To determine, by rules, the qualifications and requirements for admission to the practice
of law; (2) To conduct through a Board of Examiners the examination of applicants; and such
Board of Examiners shall certify to the Supreme Court the names of the applicants found to
be qualified; such certifications shall entitle such persons to be enrolled in the bar of
the state and to practice law; provided, that the fees required are paid; (3) Subject to the
approval of the supreme court, to formulate rules governing the conduct of all persons admitted
to practice and to investigate, or cause to be investigated, and to pass upon all complaints
that may be made concerning the professional conduct of any person who has been, or may hereafter
be, admitted to the practice of the law; (4) Subject to the approval of the supreme court,
to formulate rules governing the reinstatement of members of the bar who have...
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