|
26-2A-70
Section 26-2A-70 Appointment and status of guardian of minor. A person may become a guardian
of a minor by parental appointment or upon appointment by the court. The guardianship status
continues until terminated, without regard to the location from time to time of the guardian
or minor ward. (Acts 1987, No. 87-590, p. 975, §2-101.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-70.htm - 642 bytes - Match Info - Similar pages
30-4-17
governing instrument to a relative of the divorced individual's former spouse; b. provision
in a governing instrument conferring a general or nongeneral power of appointment on the divorced
individual's former spouse or on a relative of the divorced individual's former spouse; and
c. nomination in a governing instrument, nominating a divorced individual's former spouse
or a relative of the divorced individual's former spouse to serve in any fiduciary or representative
capacity, including a personal representative, executor, trustee, conservator, agent,
or guardian; and (2) severs the interests of the former spouses in property held by them at
the time of the divorce or annulment as joint tenants with the right of survivorship transforming
the interests of the former spouses into equal tenancies in common. (c) A severance under
subdivision (2) of subsection (b) does not affect any third-party interest in property acquired
for value and in good faith reliance on an apparent title by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-4-17.htm - 6K - Match Info - Similar pages
26-2A-73
Section 26-2A-73 Court appointment of guardian of minor; conditions for appointment. (a) The
court may appoint a guardian for an unmarried minor if all parental rights have been terminated
or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian
has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental
rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71
whose appointment has not been prevented or nullified under Section 26-2A-72 has priority
over any guardian who may be appointed by the court, but the court may proceed with another
appointment upon a finding that the parental nominee has failed to accept the appointment
within 30 days after notice of the guardianship proceeding. (b) If necessary, and on appropriate
petition or application, the court may appoint a temporary guardian who shall have the full
authority of a general guardian of a minor, but the authority of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-73.htm - 1K - Match Info - Similar pages
26-2A-71
Section 26-2A-71 Parental appointment of guardian for minor. (a) The parent of an unmarried
minor may appoint a guardian for the minor by will, or other writing signed by the parent
and attested by at least two witnesses or acknowledged. (b) Subject to the right of the minor
under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent
has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes
effective when the guardian seasonably files an acceptance in the court in which a nominating
instrument is probated, or, in the case of a nontestamentary nominating instrument, in the
court at the place where the minor resides or is present. If two or more appointments are
made, the latter in time has priority, and if both parents are dead or incapacitated, an effective
appointment by the parent, who was eligible to make the appointment and who dies or became
incapacitated later in time, has priority. (c) A parental appointment...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-71.htm - 1K - Match Info - Similar pages
19-3B-103
which is exercisable by another person only upon consent of the trustee or a person holding
an adverse interest. (12) PRESUMPTIVE REMAINDER BENEFICIARY means a person who would be entitled
to the principal of a trust if the income interest were immediately terminated, and if a trust
contains a power of appointment, then the holder of such power of appointment shall also be
a presumptive remainder beneficiary. (13) PROPERTY means anything that may be the subject
of ownership, whether real or personal, legal or equitable, or any interest therein.
Property includes choses in action, claims, and interests created by beneficiary designation
under policies of insurance, financial instruments and deferred compensation and other retirement
arrangements, whether revocable or irrevocable. (14) QUALIFIED BENEFICIARY means a living
beneficiary who, on the date the beneficiary's qualification is determined: (A) is a distributee
or permissible distributee of trust income or principal; (B) would be a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-103.htm - 5K - Match Info - Similar pages
26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-152.htm - 7K - Match Info - Similar pages
26-2A-78
education, or maintenance, but a guardian is not personally liable for the ward's expenses
and is not liable to third persons by reason of the relationship for acts of the ward. (b)
In particular and without qualifying the foregoing, a guardian shall: (1) Become or remain
personally acquainted with the ward and maintain sufficient contact with the ward to know
of the ward's capacities, limitations, needs, opportunities, and physical and mental health;
(2) Take reasonable care of the ward's personal effects and commence protective proceedings
if necessary to protect other property of the ward; (3) Apply any available money of the ward
to the ward's current needs for health, support, education, or maintenance; (4) Conserve any
excess money of the ward for the ward's future needs, but if a conservator has been appointed
for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator
money of the ward to be conserved for the ward's future needs; and (5)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-78.htm - 4K - Match Info - Similar pages
12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
43-8-1
the parent whose relationship is involved and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. (3) COURT. The court having jurisdiction
in matters relating to the affairs of decedents. This court in Alabama is known as the probate
court. (4) DAYS. That period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-1.htm - 8K - Match Info - Similar pages
15-20A-11
Section 15-20A-11 Adult sex offender - Prohibited residence locations, etc. (a) No adult sex
offender shall establish a residence or maintain a residence after release or conviction within
2,000 feet of the property on which any school, childcare facility, or resident camp facility
is located unless otherwise exempted pursuant to Sections 15-20A-23 and 15-20A-24. For the
purposes of this section, a resident camp facility includes any place, area, parcel, or tract
of land which contains permanent or semi-permanent facilities for sleeping owned by a business,
church, or nonprofit organization used primarily for educational, recreational, or religious
purposes for minors and the location of the resident camp has been provided to local law enforcement.
Resident camp does not include a private residence, farm, or hunting or fishing camp. (b)
No adult sex offender shall establish a residence or maintain a residence after release or
conviction within 2,000 feet of the property on which his or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-11.htm - 4K - Match Info - Similar pages
|