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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26-2A-149
Section 26-2A-149 Recording of conservator's letters. (a) Except for property unaffected by the appointment of a conservator specified in Section 26-2A-148(a), letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subject to the conservatorship from the conservator to the protected person, or to successors of the person. (b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person. For the filing and recordation of letters of conservatorship and orders terminating conservatorships, the probate judge shall receive the same compensation (fees of registration)...
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26-2B-209
Section 26-2B-209 Proceedings in more than one state. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed with the case unless a court in another state issues an order establishing jurisdiction under provisions similar to Section 26-2B-203 before the appointment or issuance of an order by the court in this state. (2) If the court in this state does not have jurisdiction under Section 26-2B-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding...
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26-2B-208
Section 26-2B-208 Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state, if any. The notice must be given in the same manner as notice is required to be given in this state, pursuant to Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (Act 2010-500, p. 782, §1.)...
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26-2A-132
Section 26-2A-132 Venue. Venue for proceedings under this division is: (1) In the court at the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or (2) If the person to be protected does not reside in this state, in the court at any place where property of the person is located. (Acts 1987, No. 87-590, p. 975, §2-203.)...
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15-20A-19
Section 15-20A-19 Adult sex offender - Sexually violent predator. (a) The state, upon conviction and prior to sentencing, may petition the sentencing court to enter an order declaring a person convicted in this state of a sexually violent or predatory offense as a sexually violent predator. (b) At sentencing, a court may declare a person to be a sexually violent predator. For the purposes of this section, a person is a sexually violent predator if either of the following applies: (1) The person is a repeat sexually violent offender. (2) The person commits a sexually violent offense and is likely to engage in one or more sexually violent offenses in the future. (c) A person is a repeat sexually violent offender for the purposes of this section if the person is convicted of more than one sexually violent offense. (d) For the purposes of this section, a sexually violent offense is any of the following: (1) A sex offense committed by forcible compulsion, violence, duress, menace, fear of...
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26-2B-207
Section 26-2B-207 Jurisdiction declined by reason of conduct. (a)If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after considering: (A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether it is a more appropriate forum than the court of any other state...
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17-13-102
Section 17-13-102 Petition requirements. In order to qualify the name of any person to appear on the ballot at a presidential preference primary, a petition or petitions in support of his or her candidacy shall be filed with the state party chair of the appropriate political party, hereinafter referred to as "chair," 116 days prior to the presidential preference primary election. To comply with this section, a candidate may file a petition or petitions signed by a total of not less than 500 qualified electors of the state, or petitions signed by not less than 50 qualified electors of each congressional district of the state, in which case there shall be a separate petition for each congressional district. The petitions shall be in such form as the chair may prescribe; provided, that there shall be a space for the county of residence of each signer next to the space provided for his or her signature. No signature may be counted as valid unless the county of residence of the signer is...
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26-2A-107
Section 26-2A-107 Emergency orders; temporary guardians. (a) If an incapacitated person has no guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, on appropriate petition the court, without notice, may appoint a temporary guardian whose authority may not extend beyond 30 days and who may exercise those powers granted in the order. (b) If the appointed guardian is not effectively performing duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may appoint, with or without notice, a temporary guardian for the incapacitated person having the powers of a general guardian for a specified period not to exceed six months. The authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary guardian shall make any report and comply with any conditions...
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26-2A-113
Section 26-2A-113 Petition to compel visitation. (a) A relative may file a petition with the court to compel visitation with a ward from whom he or she has been isolated. (b) The petition shall be filed in the court having jurisdiction over the guardianship of the ward. (c) On motion of either the petitioner or the guardian or the court, the petition shall be transferred to the circuit court for the sole purpose of a determination of any relief under this division. (d) The petition shall state all of the following information: (1) The condition of the ward's physical and mental health, to the extent known by the petitioner. (2) The efforts to obtain visitation with the ward. (3) The proposed visitation that is sought. (4) The deficit or deficits, if any, in the ward's mental functions that are impaired and an identification of a link between the deficit or deficits and the ward's inability to respond knowingly and intelligently to queries about the requested visitation. (5) The names...
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