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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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26-9-7
Section 26-9-7 Procedure for appointment of guardian - Certification as to incompetence, etc.,
of mentally incompetent ward. Where a petition is filed for the appointment of a guardian
of a mentally incompetent ward, a certificate of the administrator or his or her representative
setting forth the fact that such person has been rated incompetent by the administration on
examination in accordance with the laws and regulations governing such administration and
that the appointment of a guardian is a condition precedent to the payment of any moneys due
such persons by the administration shall be prima facie evidence of the necessity for such
appointment. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §165.)...
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26-2A-78
Section 26-2A-78 Powers and duties of guardian of minor. (a) A guardian of a minor ward has
the powers and responsibilities of a parent regarding the ward's health, support, 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...
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26-9-4
Section 26-9-4 Limitations as to appointment of guardians. Except as provided in this chapter,
it shall be unlawful for any person to accept appointment as guardian of any ward if such
proposed guardian shall at that time be acting as guardian for five wards. In any case, upon
presentation of a petition by an attorney of the administration under this section alleging
that a guardian is acting in a fiduciary capacity for more than five wards and requesting
his or her discharge for that reason, the court, upon proof substantiating the petition, shall
require a final accounting forthwith from such guardian and shall discharge such guardian
in the case. The limitations of this section shall not apply where the guardian is a bank
or trust company acting for the wards' estates only. An individual may be guardian of more
than five wards if they are all members of the same family. (Acts 1931, No. 240, p. 280; Code
1940, T. 21, §162.)...
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27-14-25
Section 27-14-25 Receipt and giving of acquittance and discharge for payment by minors. (a)
Any minor domiciled in this state who has attained the age of 18 years shall be deemed competent
to receive and to give full acquittance and discharge for a payment, or payments, in aggregate
amount not exceeding $3,000.00 in any one year, made by a life insurer under the maturity,
death, or settlement agreement provisions in effect or elected by such minor under a life
insurance policy or annuity contract, provided such policy, contract, or agreement shall provide
for the payment, or payments, to such minor and if, prior to such payment, the insurer has
not received written notice of the appointment of a duly qualified guardian of the property
of such minor. No such minor shall be deemed competent to alienate the right to, or to anticipate,
such payments. This section shall not be deemed to restrict the rights of minors set forth
in Section 27-14-5. (b) This section shall not be deemed to...
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9-9-7
Section 9-9-7 Establishment of district - Filing of petition for organization of district;
appointment, etc., of engineer; report of engineer. (a) Whenever a petition praying for the
organization of a water management district and signed by a majority of the landowners owning
more than one third of the land in acreage in a proposed district or by at least one third
of the persons owning more than one half of the land in the proposed district shall be filed
with the court of probate of such county in which such lands are located or, if such lands
are composed of tracts or parcels situated in two or more counties, then in the office of
the court of probate of the county in which there is situated more of said lands than in any
other county, said petition setting forth the specific body or district of land in the county
or county and adjoining counties described in such a way as to convey an intelligent idea
as to location of such land and stating that the public benefit or utility or the...
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26-9-10
Section 26-9-10 Investment of funds of estate by guardian; limitation as to loans of funds
of ward. (a) Every guardian shall invest the funds of the estate in one or more of the following
forms in which the guardian has no interest and not otherwise: (1) Interest-bearing obligations
of the State of Alabama or of the United States or as to which the State of Alabama or the
United States has guaranteed the payment of both principal and interest. (2) Loans secured
by direct first mortgage on improved real estate located within the State of Alabama. Such
loans shall not exceed 50 percent of the actual value fixed by a competent appraiser or of
the value for which such real estate, with improvements, was assessed for taxation for the
last preceding tax year, whichever is the lower, except as provided in subdivision (3) of
this section. (3) Purchase of indebtedness secured by first real estate mortgages which have
been accepted for insurance by the Secretary of Housing and Urban Development...
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26-5-12
Section 26-5-12 Final consent settlement between conservator and ward. A conservator appointed
by any court of this state for 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...
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26-10A-22
Section 26-10A-22 Attorney participation and appointment of attorney for the adoptee or other
party. (a) In making adoption arrangements, potential adopting parents and birth parents may
obtain counsel to provide legal advice and assistance. (b) Upon the motion of any party, or
upon the court's own motion, before or after the filing of petition for adoption the court
may appoint a guardian ad litem for the adoptee, or for any incompetent or minor who is a
party to the proceeding or who would be a party to the proceeding. In the event of a contested
adoption, a guardian ad litem shall be appointed. The fees of a guardian ad litem shall be
assessed as court costs. (Acts 1990, No. 90-554, p. 912, §22.)...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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