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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6-5-430
Section 6-5-430 Enforcement of action upon contract or tort arising in another state when jurisdiction of defendant can be obtained in this state; doctrine of forum non conveniens applied. Whenever, either by common law or the statutes of another state or of the United States, a claim, either upon contract or in tort has arisen outside this state against any person or corporation, such claim may be enforceable in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state; provided, however, the courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action based upon such claim originating outside this state; and provided further that, if upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, taking into...
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26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property within state - Authorization. The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be within this state if such person has been declared an incapacitated person by a court having jurisdiction in the state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code 1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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6-5-754
Section 6-5-754 Choice of forum. (a) If a claim under the common or statutory law of another state, the United States, or a foreign country or under international treaty for death or injury to person or damage to property arises against a manufacturer out of an accident that occurred outside this state, such claim may be brought in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state. (b) The courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action asserting a claim arising out of an accident occurring outside this state. (c) In applying the doctrine of forum non conveniens, the court shall take into account each of the following considerations: (1) The state in which the claimant resides, giving deference to the claimant's choice of forum only...
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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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12-13-21
Section 12-13-21 Appointment of guardian for developmentally disabled person. (a) The term "developmentally disabled" person, means a person whose impairment of general intellectual functioning or adaptive behavior meets the following criteria: (1) It has continued since its origination or can be expected to continue indefinitely. (2) It constitutes a substantial burden to the impaired person's ability to perform normally in society. (3) It is attributed to one or more of the following: a. Mental retardation, cerebral palsy, epilepsy, or autism. b. Any other condition of a person found to be closely related to mental retardation because it produces a similar impairment or requires treatment and services similar to those required for a person who is mentally retarded c. Dyslexia resulting from a condition described in subparagraph a or b. (b) Guardianship for a developmentally disabled person shall be utilized only as is necessary to promote and protect the well being of the person,...
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26-2A-80
Section 26-2A-80 Proceedings subsequent to appointment; venue. (a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship. (b) If the court at the place where the ward resides is neither the appointing court nor the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate cases shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian must be sent to the appointing court or the court in which acceptance of appointment is filed. (Acts 1987, No. 87-590, p. 975,...
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26-2A-81
Section 26-2A-81 Resignation, removal, and other post-appointment proceedings. (a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian. (b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given, as prescribed in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court. (c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate. (d) If the court determines at any time in the proceeding that the interest of the ward...
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26-2A-111
Section 26-2A-111 Proceedings subsequent to appointment; venue. (a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship, including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed. (b) If the court at the place where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced, in all appropriate cases, shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation, removing a guardian, or altering...
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38-9C-4
Section 38-9C-4 Rights. The rights of persons with developmental disabilities and traumatic brain injury include, but are not limited to, all of the following: (1) The right to exercise the rights of citizens of the United States and the State of Alabama. (2) The right to access a full array of services appropriate for them as individuals. (3) The right to inclusion in the community. (4) The right to live, work, be educated, and recreate with people who do not have disabilities. (5) The right to be presumed competent until a court of competent jurisdiction determines otherwise. (6) The right to social interaction with members of either sex. (7) The right to vote and otherwise participate in the political process according to applicable laws of the United States and the State of Alabama. (8) The right to free exercise of religion. (9) The right to confidential handling of personal, financial, and medical records. (10) The right to own and possess real and personal property. (11) The...
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