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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-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed
guardian of an incapacitated person. (b) Unless lack of qualification or other good cause
dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated
person's most recent nomination in a durable power of attorney. (c) Except as provided in
subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse
or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person; (3) A parent of the incapacitated person,
or a person nominated by will of a deceased parent or by other writing signed by a parent
and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated
person with whom the person has resided for more than six months prior...
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26-1A-301
Section 26-1A-301 Power of attorney form. A document substantially in the following
form may be used to create a power of attorney that has the meaning and effect prescribed
by this chapter. ALABAMA POWER OF ATTORNEY FORM IMPORTANT INFORMATION This power of attorney
authorizes another person (your agent) to make decisions concerning your property for you
(the principal). Your agent will be able to make decisions and act with respect to your property
(including your money) whether or not you are able to act for yourself. The meaning of authority
over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act,
Chapter 1A, Title 26, Code of Alabama 1975. This power of attorney does not authorize the
agent to make health care decisions for you. Such powers are governed by other applicable
law. You should select someone you trust to serve as your agent. Unless you specify otherwise,
generally the agent's authority will continue until you die or revoke the power...
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22-55-1
Section 22-55-1 Enactment of compact; terms. The Interstate Compact on Mental Health
is hereby enacted into law and entered into by this state with all other states legally joining
therein in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting
states solemnly agree that: Article I The party states find that the proper and expeditious
treatment of the mentally ill and mentally deficient can be facilitated by cooperative action
to the benefit of the patients, their families and society as a whole. Further, the party
states find the necessity of and desirability for furnishing such care and treatment bear
no primary relation to the residence or citizenship of the patient but that, on the contrary,
the controlling factors of community safety and humanitarianism require that facilities and
services be made available for all who are in need of them. Consequently, it is the purpose
of this compact and of the party states to provide the necessary legal basis...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into
law and entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized
and encouraged compacts for cooperative efforts and mutual assistance in the...
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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary
to license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove
barriers to education success imposed on children of military families because of frequent
moves and deployment of their parents by: A. Facilitating the timely enrollment of children
of military families and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of education records from the previous school district(s) or variations in
entrance/age requirements. B. Facilitating the student placement process through which children
of military families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility
for enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may
expend or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator 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...
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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) Upon
receipt of a petition for appointment of a conservator or other protective order because of
minority, the court shall set a date for hearing. If the court determines at any time in the
proceeding that the interests of the minor are or may be inadequately represented, it may
appoint an attorney to represent the minor, giving consideration to the choice of the minor
if 14 or more years of age. An attorney appointed by the court to represent a minor may be
granted the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
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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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