Code of Alabama

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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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26-2A-6
Section 26-2A-6 Facility of payment or delivery; notice of payment. (a) Any person under a
duty to pay or deliver money or personal property to a minor may perform the duty, in amounts
as provided in this subsection, by paying or delivering the money or personal property to:
(1) Any person having the care and custody of the minor and with whom the minor resides; (2)
A guardian of the minor; or (3) The judge of probate of the county in which the minor resides,
if a resident of this state, or, if a nonresident, to the judge of probate or like officer
of the county in which the debtor or creditor resides. Payments under this subsection must
not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in a series of payments,
and payments, by any person other than a conservator or judge, must not exceed a maximum of
$25,000 during the minority of the minor ward. The person obligated to make payment is discharged
of that duty or obligation by making the payment or delivery and...
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35-4A-5
Section 35-4A-5 Exclusions from statutory rule against perpetuities. Section 35-4A-2, the statutory
rule against perpetuities, does not apply to: (1) a nonvested property interest or a power
of appointment arising out of a nondonative transfer, except a nonvested property interest
or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a
separation or divorce settlement, (iii) a spouse's election, (iv) a similar arrangement arising
out of a prospective, existing, or previous marital relationship between the parties, (v)
a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to
exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or
(viii) a reciprocal transfer; (2) a fiduciary's power relating to the administration or management
of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the
power of a fiduciary to determine principal and income; (3) a power...
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8-6-74
Section 8-6-74 (Repealed effective January 1, 1997) Inquiry into fiduciary relationship not
required; presumption that registered owner continues to be fiduciary. A corporation or transfer
agent registering a security in the name of a person who is a fiduciary, or who is described
as a fiduciary, is not bound to inquire into the existence, extent, or correct description
of the fiduciary relationship, and thereafter, the corporation and its transfer agent may
assume without inquiry that the newly registered owner continues to be the fiduciary until
the corporation or transfer agent receives written notice that the fiduciary is no longer
acting as such with respect to the particular security. (Acts 1961, No. 1016, p. 1593, §2.)...

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19-2-2
Section 19-2-2 Removal of fiduciary; appointment of successor; accounting by fiduciary. Any
fiduciary engaged in war service may be removed from his office as such upon petition filed
in the proper court having jurisdiction by any person interested in the trust fund or the
estate being administered or by any co-fiduciary or surety, and if the trust has not been
fully executed or the administration of the estate has not been fully completed, the court,
upon such removal, must appoint a successor fiduciary to fill the vacancy caused by such removal
if there is no trust instrument providing a practicable method of appointment. If the court
shall find that, because of the military service of the fiduciary, the stating of an account
at that time is not possible, an accounting by such fiduciary in military service shall not
be a prerequisite to the appointment of a successor fiduciary, and upon the reinstatement
of such fiduciary or at such time as the said court deems meet, such fiduciary...
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19-3A-403
Section 19-3A-403 Business and other activities conducted by fiduciary. (a) If a fiduciary
who conducts a business or other activity determines that it is in the best interest of all
the beneficiaries to account separately for the business or other activity instead of accounting
for it as part of the trust's general accounting records, then the fiduciary may maintain
separate accounting records for its transactions, whether or not its assets are segregated
from other trust assets. (b) A fiduciary who accounts separately for a business or other activity
may determine the extent to which net cash receipts must be retained for working capital,
the acquisition or replacement of fixed assets and the other reasonably foreseeable needs
of the business or other activity, and the extent to which the remaining net cash receipts
are accounted for as principal or income in the trust's general accounting records. If a fiduciary
sells assets of the business or other activity, other than in the...
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26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to construe
a power of attorney, determine the validity of a power of attorney, or review the agent's
conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator,
or other fiduciary acting for the principal; (3) a person authorized to make health care decisions
for the principal; (4) the principal's spouse, parent, or descendant; (5) an individual who
would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary
to receive any property, benefit, or contractual right on the principal's death or as a beneficiary
of a trust created by or for the principal that has a financial interest in the principal's
estate; (7) a governmental agency having regulatory authority to protect the welfare of the
principal; (8) the principal's caregiver or another person that demonstrates sufficient interest
in the principal's welfare; (9) a person asked to...
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26-2A-134
Section 26-2A-134 Notice. (a) On a petition for appointment of a conservator or other protective
order, the requirements for notice described in Section 26-2A-103 apply, but (i) if the person
to be protected has disappeared or is otherwise situated so as to make personal service of
notice impracticable, notice to the person must be given by publication as provided in Section
26-2A-50, and (ii) if the person to be protected is a minor, the provisions of Section 26-2A-75
also apply. (b) Notice, as described in Section 26-2A-103, of any hearing on a petition for
an order subsequent to appointment of a conservator or other protective order must be given
to the protected person, any conservator of the protected person's estate, and any other person
as ordered by the court. (Acts 1987, No. 87-590, p. 975, §2-305.)...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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35-8A-402
Section 35-8A-402 Liability for offering statement requirements. (a) Except as provided in
subsection (b), a declarant, prior to the offering of any interest in a unit to the public,
shall prepare an offering statement conforming to the requirements of Sections 35-8A-403 through
35-8A-406. (b) A declarant may transfer responsibility for preparation of all or a part of
the offering statement to a successor declarant specified in Section 35-8A-304 or to a person
in the business of selling real estate who intends to offer units in the condominium for the
offeror's own account. In the event of any such transfer, the transferor shall provide the
transferee with any information necessary to enable the transferee to fulfill the requirements
of subsection (a). (c) Any declarant or other person in the business of selling real estate
who offers to a purchaser a unit for the offeror's own account to whom such responsibility
for preparation and delivery of an offering statement has been...
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