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26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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26-2B-402
Section 26-2B-402 Recording of protective orders. If a conservator has been appointed in another
state and a petition for a protective order is not pending in this state, the conservator
appointed in the other state, after giving notice to the appointing court of an intent to
record, may record the protective order in this state by recording as a foreign judgment in
a court of this state, in any county in which property belonging to the protected person is
located, certified copies of the order and letters of office and of any bond. (Act 2010-500,
p. 782, §1.)...
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26-2A-142
Section 26-2A-142 Compensation; reimbursement; court costs. (a) If not otherwise reasonably
compensated for services rendered, any court representative, attorney, physician, conservator,
or special conservator appointed in a protective proceeding and any attorney whose services
resulted in a protective order or in an order that was beneficial to a protected person's
estate is entitled to reasonable compensation from the estate. The conservator shall be allowed
from the estate of the protective person all reasonable premiums paid on his or her bond and
reimbursement of any court costs paid. (b) If not otherwise reasonably compensated for services
rendered, any court representative, attorney, physician appointed in a guardianship, and any
attorney whose services resulted in a guardianship order or in an order that was beneficial
to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed
from the estate of the ward for any court costs paid. (c) Except...
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26-2A-160
Section 26-2A-160 Foreign conservator; proof of authority; bond; powers. If a conservator has
not been appointed in this state and no petition in a protective proceeding is pending in
this state, a conservator appointed in the state in which the protected person resides may
file in a court of this state in a [county] in which property belonging to the protected person
is located, authenticated copies of letters of appointment and of any bond. Thereafter, the
domiciliary foreign conservator may exercise as to assets in this state all powers of a conservator
appointed in this state and may maintain actions and proceedings in this state subject to
any conditions imposed upon nonresident parties generally. (Acts 1987, No. 87-590, p. 975,
§2-331.)...
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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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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian
or issue a protective order for a respondent if: (1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and: (A)
the respondent does not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent
has a home state, a petition for an appointment or order is not pending in a court of that
state or another significant-connection state and before the court makes the appointment or
issues the order: (i) a petition for an appointment or order is not filed in the respondent's
home state; (ii) an objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and (iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in Section...
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19-3B-704
Section 19-3B-704 Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship
occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated
as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is
disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator is appointed
for an individual serving as trustee. (b) If one or more co-trustees remain in office, then
a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if
the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable trust
that is required to be filled must be filled in the following order of priority: (1) by a
person designated in the terms of the trust to act as successor trustee; (2) by a person appointed
by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified
beneficiary; or (3) by a person appointed by the court. (d) A...
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26-2A-158
Section 26-2A-158 Termination of proceedings. (a) The protected person, conservator, or any
other interested person may petition the court to terminate the conservatorship. A protected
person seeking termination is entitled to the same rights and procedures as in an original
proceeding for a protective order. If the conservator has accounted to the formerly protected
person, no accounting is necessary. The court, upon determining after notice and hearing that
the minority or disability of the protected person has ceased, shall terminate the conservatorship.
Upon termination, title to assets of the estate passes to the formerly protected person or
to successors. The order of termination must provide for expenses of administration and direct
the conservator to execute appropriate instruments to evidence the transfer. (b) A conservator
appointed by any court of this state, on termination or removal of the protected person's
minority or disability, may present a verified petition to the...
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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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26-9-2
Section 26-9-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. A partnership, corporation, or an association. (2) ADMINISTRATION. The United
States Veterans' Administration or its successor. (3) ESTATE and INCOME. Such terms include
only moneys received by the guardian from the Veterans' Administration and all earnings, interest,
and profits derived therefrom. (4) BENEFITS. All moneys payable by the United States through
the Veterans' Administration. (5) ADMINISTRATOR. The Administrator of Veterans' Affairs of
the United States Veterans' Administration. (6) WARD. A beneficiary of the administration.
(7) GUARDIAN. Any person acting as a fiduciary for a ward and includes a conservator appointed
under Alabama Uniform Guardianship and Protective Proceedings Act. (Acts 1931, No. 240, p.
280; Code 1940, T. 21, §160; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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