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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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26-9-6
Section 26-9-6 Procedure for appointment of guardian - Certification as to age, etc., of minor
ward. Where a petition is filed for the appointment of a guardian of a minor ward, a certificate
of the administrator or his representative setting forth the age of such minor as shown by
the records of the administration and the fact that the appointment of a guardian is a condition
precedent to the payment of any moneys due the minor by the administration shall be prima
facie evidence of the necessity for such appointment. (Acts 1931, No. 240, p. 280; Code 1940,
T. 21, §164.)...
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26-9-5
Section 26-9-5 Procedure for appointment of guardian - Filing of petition; contents thereof.
A petition for the appointment of a guardian may be filed in any court of competent jurisdiction
by or on behalf of any person who under existing law is entitled to priority of appointment.
If there is no person so entitled or if the person so entitled shall neglect or refuse to
file such a petition within 30 days after mailing of notice by the administration to the last
known address of such person indicating the necessity for the same, a petition for such appointment
may be filed in any court of competent jurisdiction by or on behalf of any responsible person
residing in this state. The petition for appointment shall set forth the name, age, place
of residence of the ward, the names and places of residence of the nearest relative, if known,
and the fact that such ward is entitled to receive moneys payable by or through the administration
and shall set forth the amount of moneys then due and...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether
arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after
the appointment of a conservator, including expenses of administration. (2) CONSERVATOR. A
person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause for a
protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from 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...
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22-55-1
Section 22-55-1 Enactment of compact; terms. The Interstate Compact on Mental Health is hereby
enacted into law and entered into by this state with all other states legally joining therein
in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting
states solemnly agree that: Article I The party states find that the proper and expeditious
treatment of the mentally ill and mentally deficient can be facilitated by cooperative action
to the benefit of the patients, their families and society as a whole. Further, the party
states find the necessity of and desirability for furnishing such care and treatment bear
no primary relation to the residence or citizenship of the patient but that, on the contrary,
the controlling factors of community safety and humanitarianism require that facilities and
services be made available for all who are in need of them. Consequently, it is the purpose
of this compact and of the party states to provide the necessary legal basis...
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8-6-3
Section 8-6-3 Registration and bonds of dealers, agents, investment advisers, etc. (a) It is
unlawful for any person to transact business in this state as a dealer or agent for securities
unless he or she is registered under this article. It is unlawful for any dealer or issuer
to employ an agent unless the agent is registered. (b) It is unlawful for any person to transact
business in this state as an investment adviser or as an investment adviser representative
unless: (1) He or she is so registered under this article; (2) His or her only clients in
this state are investment companies as defined in the Investment Company Act of 1940, other
investment advisers, broker-dealers, banks, trust companies, savings and loan associations,
insurance companies, employee benefit plans with assets of not less than $1,000,000, and governmental
agencies or instrumentalities, whether acting for themselves or as trustees with investment
control, or other institutional investors as are designated by...
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26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian;
certification of copy thereof to veterans' administration; notice of hearing thereon. Every
guardian who shall receive on account of his or her ward any moneys from the administration
shall file with the court annually on the anniversary date of the appointment, in addition
to such other accounts as may be required by the court, a full, true, and accurate account
under oath of all moneys so received by him or her and of all disbursements thereof, showing
the balance thereof in his or her hands at the date of such account and how invested, including
a complete descriptive itemization of all investments, and must submit to the court for its
examination all securities and evidences of debt belonging to the ward, and the decree of
the court passing the settlement must recite that all securities and evidences of debt due
the ward have been presented to and examined by the court; provided, that in the...
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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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26-9-16
Section 26-9-16 Discharge of guardian. When a minor ward for whom a guardian has been appointed
shall have attained his or her majority and has not been found incompetent and when any incompetent
ward has been rated competent by the administration, a certificate of the administrator or
his or her duly authorized representative to that effect shall be prima facie evidence that
a guardian is no longer required and the court, upon the guardian filing a satisfactory final
account, may discharge such guardian upon a petition filed for that purpose. Nothing contained
in this section shall be construed to prevent a ward from filing a petition for the discharge
of his or her guardian on the ground that the ward has attained majority or is competent or
the court from acting on its own motion in such cases. (Acts 1931, No. 240, p. 280; Code 1940,
T. 21, §176.)...
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