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26-9-18
Section 26-9-18 Taxing of costs and fees of guardian. The costs and fees, exclusive of fees
of the guardian ad litem incident to any partial or final settlement by any guardian subject
to the provisions of this chapter, shall be taxed in the amounts provided by the general statutes
for like services, but there shall not be taxed or charged against the estate of the ward,
on any partial settlement, any amount in excess of one half of one percent of the amount of
money with which the guardian is chargeable on the settlement as having received since the
last preceding settlement and with which the guardian has not previously been charged; provided,
that the limitations contained in this section as to costs and fees shall not affect the commissions
and fees otherwise payable to the general guardian and to guardians ad litem. (Acts 1936-37,
Ex. Sess., No. 227, p. 270; Code 1940, T. 21, §169.)...
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26-9-2
Section 26-9-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. A partnership, corporation, or an association. (2) ADMINISTRATION. The United
States Veterans' Administration or its successor. (3) ESTATE and INCOME. Such terms include
only moneys received by the guardian from the Veterans' Administration and all earnings, interest,
and profits derived therefrom. (4) BENEFITS. All moneys payable by the United States through
the Veterans' Administration. (5) ADMINISTRATOR. The Administrator of Veterans' Affairs of
the United States Veterans' Administration. (6) WARD. A beneficiary of the administration.
(7) GUARDIAN. Any person acting as a fiduciary for a ward and includes a conservator appointed
under Alabama Uniform Guardianship and Protective Proceedings Act. (Acts 1931, No. 240, p.
280; Code 1940, T. 21, §160; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian
or issue a protective order for a respondent if: (1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and: (A)
the respondent does not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent
has a home state, a petition for an appointment or order is not pending in a court of that
state or another significant-connection state and before the court makes the appointment or
issues the order: (i) a petition for an appointment or order is not filed in the respondent's
home state; (ii) an objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and (iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in Section...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
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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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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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10A-2-7.24
Section 10A-2-7.24 Corporation's acceptance of votes. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
If the name signed on, or otherwise submitted by means of an electronic transmission with
respect to, a vote, consent, waiver, or proxy appointment corresponds to the name of a shareholder,
the corporation if acting in good faith is entitled to accept the vote, consent, waiver, or
proxy appointment and give it effect as the act of the shareholder. (b) If the name signed
on, or otherwise submitted by means of an electronic transmission with respect to, a vote,
consent, waiver, or proxy appointment does not correspond to the name of its shareholder,
the corporation if acting in good faith is nevertheless entitled to accept the vote, consent,
waiver, or proxy appointment and give it effect as the act of the shareholder if: (1) The
shareholder is an entity and the name signed or otherwise submitted by means of...
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19-3-120
Section 19-3-120 Classes of authorized investments; repeal of conflicting statutes. (a) Unless
otherwise authorized or directed by the court having jurisdiction thereof, or by the will,
trust agreement or other document which is the source of authority, a trustee, executor, administrator,
guardian or one acting in any other fiduciary capacity, other than as a trustee governed by
the Alabama Uniform Trust Code, with the exercise of reasonable business prudence, in addition
to any other investments now permitted by law, may invest funds in securities or investments
which, at the time of the making or purchase thereof, are included in one or more of the following
classes: (1) Bonds or other interest-bearing obligations of the United States of America,
or payment of which the United States of America has guaranteed as to both principal and interest.
(2) Bonds issued by the Federal Land Bank, under the act of Congress of the United States
of America, designated as "the Federal Farm Loan...
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44-1-31
Section 44-1-31 Guardianship of youth in custody of department. If, at any time while legal
custody of a youth is vested in the department of youth services, the department learns that
he or she, for any reason does not have a natural or adoptive parent in a position to exercise
effective guardianship or a legally appointed guardian of his or her person, the department
may thereupon file a petition in the appropriate court for the appointment of a guardian of
the person or property of such youth. No officer or employee of the department shall accept
appointment as the guardian of a youth whose legal custody is vested in the department. (Acts
1973, No. 816, p. 1261, §22.)...
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