|
44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees shall be
immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/44-2-10.htm - 39K - Match Info - Similar pages
27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
26-5-15
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders
or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever
any conservator shall file any annual, partial, or final settlement in any court having jurisdiction
thereof, the court shall, at the request of such conservator, require that notice thereof
be given in the same manner as required by law in cases of final settlements. Any order or
decree of the court on such settlement after such notice shall be final and conclusive as
to all items of receipts and disbursements and other transactions and matters shown therein
and as to all fees and compensation fixed or allowed to such conservator and attorney, and
appeals therefrom shall and must be taken in the manner provided for from any other final
decrees of such court. Thereafter, at any time prior to final settlement, the account may
be reopened by the court on motion or petition of the conservator or ward or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-15.htm - 1K - Match Info - Similar pages
26-5-2
Section 26-5-2 Partial settlement - When required; filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. If not otherwise directed, the conservator must,
at least once in three years, file in the court of probate an account of his or her guardianship,
accompanied with the vouchers showing his or her receipts and disbursements, which must be
verified by affidavit. Upon the filing of such account and vouchers the court must appoint
a guardian ad litem to represent the ward. (Code 1852, §2022; Code 1867, §2421; Code 1876,
§2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940,
T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-2.htm - 1K - Match Info - Similar pages
26-5-34
Section 26-5-34 Final settlement generally - Authorization and procedure generally for compulsion
of settlement by personal representative of conservator. On the death of a conservator,
at any time after the expiration of six months from the qualification of his or her personal
representative, such representative may be required, on 10 days' notice, such notice to be
given by the service of process, to appear and make settlement of the conservatorship of his
or her testator or intestate. (Code 1886, §2471; Code 1896, §2356; Code 1907, §4446; Code
1923, §8219; Code 1940, T. 21, §149; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-34.htm - 963 bytes - Match Info - Similar pages
43-2-530
Section 43-2-530 Authorization to compel settlement. Any executor or administrator may be required
by citation to file his accounts and vouchers and to make a settlement, notwithstanding any
provision in any will or other instrument to the contrary; and, if after service of the citation,
he fails to file his accounts and vouchers for a settlement on the day named in the citation,
the probate court or other court having jurisdiction of the said estate may compel him to
do so by attachment or may proceed to state the account against him from the materials on
file or such other information as may be accessible, charging him with such assets as may
have come to his hands. (Code 1852, §1817; Code 1867, §2153; Code 1876, §2524; Code 1886,
§2155; Code 1896, §223; Code 1907, §2686; Acts 1919, No. 440, p. 566; Code 1923, §5919;
Code 1940, T. 61, §316.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-530.htm - 1K - Match Info - Similar pages
26-5-12
a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination
of the ward's incapacity or on removal of his or her ward's disabilities of nonage by a court
of competent jurisdiction or, if the ward is married and has attained the age of 18 years,
or if the ward has died, present a verified petition to the court in which the conservatorship
is pending, praying for a final consent settlement by and between him or her and his or her
ward, or the ward's personal representative, if the ward has died. If such consent
settlement is agreed to by the ward, or the ward's personal representative, if the
ward has died, by a written instrument, signed by him or her and acknowledged as conveyances
of real estate are acknowledged, the court may approve such settlement without notice or publication
or posting. The agreement of the ward, or the ward's personal representative, if the
ward has died, may be expressed by joining in the petition with his or her...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-12.htm - 1K - Match Info - Similar pages
26-5-32
Section 26-5-32 Partial settlement generally - Issuance of process requiring conservator to
make partial settlement; taxing of costs. If a conservator fails to make a partial settlement
as often as such settlement is required of him or her, the court must issue process to him
or her, requiring him or her to make such settlement, and all the costs thereof and of the
process must be taxed against him or her personally and must not be charged against the ward
or his or her estate, unless he or she appears in answer to the process and shows a satisfactory
excuse for his or her failure and files his or her accounts and vouchers for such settlement.
(Code 1886, §2469; Code 1896, §2354; Code 1907, §4444; Code 1923, §8217; Code 1940, T.
21, §147; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-32.htm - 1K - Match Info - Similar pages
26-5-5
Section 26-5-5 Partial settlement - Rendition and recordation of decree as to vouchers and
account; recordation of account and vouchers. After the examination of the vouchers, and the
audit and statement of the account, the court must render a decree passing the same and declaring
the amount of the charge against the conservator and of the credits allowed, which must be
entered of record. The account and vouchers must be recorded. (Code 1886, §2457; Code 1896,
§2342; Code 1907, §4432; Code 1923, §8205; Code 1940, T. 21, §132; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-5.htm - 904 bytes - Match Info - Similar pages
26-2A-144
Section 26-2A-144 Petitions for orders subsequent to appointment. (a) Any person interested
in the welfare of a person for whom a conservator has been appointed, any person interested
in the proper administration of the estate, or the court on its own motion, may file a petition
in the appointing court or the court to which the conservatorship has been transferred for
an order: (1) Requiring bond or collateral or additional bond or collateral, or reducing bond;
(2) Requiring an accounting for the administration of the trust; (3) Directing distribution;
(4) Removing the conservator and appointing a temporary or successor conservator; or (5) Granting
other appropriate relief. (b) A conservator may petition the appointing court or the court
to which the conservatorship has been transferred for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate
order. (d) If, on the hearing, it should appear...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-144.htm - 1K - Match Info - Similar pages
|