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19-2-1
Section 19-2-1 Definitions. (a) When used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) WAR SERVICE. Such term shall include the following, during the period that the United
States shall be engaged in war with any foreign nation: a. Active membership in the military,
naval or air forces of the United States or any of its allies. b. Acceptance for membership
in the military, naval or air forces of the United States or any of its allies and awaiting
induction into that service. c. Participation in any work abroad in connection with a governmental
agency of the United States, with the American Red Cross, or with any other similar service.
d. Internment in any enemy country, or absence from the United States and inability to return.
e. Any service at home or abroad arising out of or in connection with the war, which in the
opinion of the court prevents the fiduciary from giving the...
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26-2A-142
Section 26-2A-142 Compensation; reimbursement; court costs. (a) If not otherwise reasonably
compensated for services rendered, any court representative, attorney, physician, conservator,
or special conservator appointed in a protective proceeding and any attorney whose services
resulted in a protective order or in an order that was beneficial to a protected person's
estate is entitled to reasonable compensation from the estate. The conservator shall be allowed
from the estate of the protective person all reasonable premiums paid on his or her bond and
reimbursement of any court costs paid. (b) If not otherwise reasonably compensated for services
rendered, any court representative, attorney, physician appointed in a guardianship, and any
attorney whose services resulted in a guardianship order or in an order that was beneficial
to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed
from the estate of the ward for any court costs paid. (c) Except...
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26-2A-159
Section 26-2A-159 Payment of debt and delivery of property to foreign conservator without local
proceedings. (a) Any person indebted to a protected person or having possession of property
or of an instrument evidencing a debt, stock, or chose in action belonging to a protected
person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary
appointed by a court of the state of residence of the protected person upon being presented
with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:
(1) That no protective proceeding relating to the protected person is pending in this state;
and (2) That the foreign fiduciary is entitled to payment or to receive delivery. (b) If the
person to whom the affidavit is presented is not aware of any protective proceeding pending
in this state, payment or delivery in response to the demand and affidavit discharges the
debtor or possessor. (Acts 1987, No. 87-590, p. 975, §2-330.)...
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26-3-14
Section 26-3-14 Reduction of conservator's bond upon partial settlement of estate. Upon the
filing of any partial settlement by the conservator of a minor or an incapacitated person
in the court in which such estate is pending, such conservator may pray for a reduction in
the amount of his or her bond as such conservator. Thereupon, the court must set a day for
the hearing of such partial settlement and must cause notices to be issued to all parties
in interest as is now provided by law for final settlements of such estates and, on the day
set for hearing, the court may fix the amount to which the bond shall be reduced, which shall
be determined as now provided by law for such bonds. (Acts 1939, No. 560, p. 883; Code 1940,
T. 21, §40; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2A-109
Section 26-2A-109 Termination of guardianship for incapacitated person. The authority and responsibility
of a guardian of an incapacitated person terminates upon the death of the guardian or ward,
the determination of incapacity of the guardian, upon transfer to another state as provided
in Section 26-2B-301, or upon removal or resignation as provided in Section 26-2A-110. Termination
does not affect a guardian's liability for prior acts or the obligation to account for funds
and assets of the ward. (Acts 1987, No. 87-590, p. 975, §2-210; Act 2010-500, p. 782, §2.)...
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26-2A-147
Section 26-2A-147 Accounts. Each conservator shall account to the court for administration
of the conservatorship upon resignation or removal and at other times as the court may direct,
but if not otherwise directed, the conservator must, at least once in three years, account
to the court. If the conservator shall die before making the accounting, the conservator's
personal representative will make the accounting, or if no personal representative has been
appointed, the sureties on the conservator's bond may proceed to make the accounting. On termination
or removal of the protected person's minority or disability, a conservator shall account to
the court or to the formerly protected person. An order after notice and hearing allowing
an intermediate account of a conservator is a final adjudication as to liabilities concerning
the matters considered in connection therewith. Thereafter, at any time prior to final settlement,
the account may be reopened by the court on motion or petition...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-48
Section 26-8-48 Sale of property to effect removal thereof from state - Authorization. When
the property of a minor or incapacitated person is ordered to be removed from the state under
any provision contained in this article, the court making the order may, on the application
of the person by whom such order of removal was obtained, order a sale of any property, real
or personal, of such minor or incapacitated person as may be necessary to effect such removal.
(Code 1896, §2382; Code 1907, §4472; Code 1923, §8245; Code 1940, T. 21, §117; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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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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26-3-11
Section 26-3-11 Liability of sureties upon certain conditionally executed bonds. A surety on
the bond of the general conservator of the county or on the bond of the conservator of a minor
or an incapacitated person cannot avoid liability thereon on the ground that he or she signed
or delivered it on condition that it should not be delivered to the judge of probate or should
not become perfect unless it was executed by some other person who does not execute it. (Code
1886, §2388; Code 1896, §2282; Code 1907, §4372; Code 1923, §8145; Code 1940, T. 21, §37;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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