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26-1-2.1
Section 26-1-2.1 Gifts by power of attorney. (a) If any power of attorney or other writing
either authorizes an attorney in fact or other agent to do, execute, or perform any act that
the principal might or could do, or evidences the principal's intent to give the attorney
in fact or agent full power to handle the principal's affairs or deal with the principal's
property, the attorney in fact or agent shall have the power and authority to make gifts of
any of the principal's property to any individuals, including the attorney in fact or agent,
within the limits of the annual exclusion as provided by Section 2503(b) of Title 26 of the
United States Code, and taking into account the availability of Section 2513 of Title 26 of
the United States Code, as the same may from time to time be amended, or to organizations
described in Sections 170(c) and 2522(a) of Title 26 of the United States Code, or corresponding
future provisions of federal tax law, or both, as the attorney in fact or agent...
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12-21-83
Section 12-21-83 Validity of unsworn declaration. (a) Except as otherwise provided in subsection
(b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration
meeting the requirements of this subdivision has the same effect as a sworn declaration. (b)
This subdivision does not apply to: (1) a deposition; (2) an oath of office; (3) an oath required
to be given before a specified official other than a notary public; (4) a declaration to be
recorded pursuant to Title 35; (5) an oath required by Sections 43-8-132 and 43-8-133; or
(6) a durable power of attorney executed pursuant to Chapter 1 of Title 26. (Act 2011-533,
p. 884, §1.)...
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19-1A-3
Section 19-1A-3 (Effective January 1, 2018) Applicability. (a) This chapter applies to: (1)
a fiduciary acting under a will or power of attorney executed before, on, or after October
1, 2016; (2) a personal representative acting for a decedent who died before, on, or after
October 1, 2016; (3) a conservatorship proceeding commenced before, on, or after October 1,
2016; and (4) a trustee acting under a trust created before, on, or after October 1, 2016.
(b) This chapter applies to a custodian if the user resides in this state or resided in this
state at the time of the user's death. (c) This chapter does not apply to a digital asset
of an employer used by an employee in the ordinary course of the employer's business. Neither
does this chapter apply to a digital asset, whether employer owned or otherwise, that an employee
or contractor has stored on, housed on, maintained on, or transmitted to any software, program,
hardware, system, account, drive, tape, media, or other storage device...
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9-8A-6
Section 9-8A-6 Application for cost-share grant. In order to qualify for a cost-share grant,
an eligible person shall file, accompanied by the applications specified in this section,
a conservation plan approved by the soil and water conservation district in which the eligible
person's eligible land is located. Cost-share grants shall be available only with respect
to those soil and water conservation practices determined to be needed by the soil conservation
district to reduce erosion, improve agricultural water quality and improve forest resources
in the district. Such determination of need shall be made by a qualified soil and water conservation
or forestry technician. All application forms and agreements for allocated funds shall be
available from and completed forms shall be submitted to the local soil and water conservation
district office located in the county where such practices are proposed to be implemented.
If an applicant's land is in more than one soil and water...
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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed
guardian of an incapacitated person. (b) Unless lack of qualification or other good cause
dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated
person's most recent nomination in a durable power of attorney. (c) Except as provided in
subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse
or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person; (3) A parent of the incapacitated person,
or a person nominated by will of a deceased parent or by other writing signed by a parent
and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated
person with whom the person has resided for more than six months prior...
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26-2A-7
Section 26-2A-7 Delegation of powers by parent or guardian; parental authority. (a) A parent
who has custody, or a guardian, of a minor or incapacitated person, by a properly executed
power of attorney, may delegate to another person, for a period not exceeding one year, any
power regarding health, support, education, or maintenance of the person or property of the
minor child or ward, except the power to consent to marriage or adoption of a minor ward.
Temporary "delegation" of parental powers does not relieve the parent or guardian
of the primary responsibility for the minor or incapacitated person. (b) The provisions of
subsection (a) of this section shall not be used or construed to allow a parent or guardian
to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of
Title 44. (Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p.
455, §1.)...
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31-5-4
Section 31-5-4 Assistance to veterans in presenting claims, establishing rights, etc. The State
Department of Veterans' Affairs shall assist every veteran of any war of the United States
in presenting and pursuing such claim as the veteran may have against the United States arising
out of war service and in establishing the veteran's right to any privilege, preference, care,
or compensation provided for by the laws of the United States or of the State of Alabama,
when the veteran requests such assistance. Whenever the veteran applying to a representative
of the State Department of Veterans' Affairs shall have executed a power of attorney to any
veterans' organization or the American Red Cross the representative shall accept any claim
or information pertaining to any claim, right, preference, privilege, compensation, or application
for care from the veteran and advise with him as to the proper preparation of the same and
then forward the same to the State Department of Veterans' Affairs...
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19-1A-9
Section 19-1A-9 (Effective January 1, 2018) Disclosure of content of electronic communications
of principal. To the extent a power of attorney expressly grants an agent authority over the
content of electronic communications sent or received by the principal and unless directed
otherwise by the principal or the court, a custodian shall disclose to the agent the content
if the agent gives the custodian: (1) a written request for disclosure in physical or electronic
form; (2) an original or copy of the power of attorney expressly granting the agent authority
over the content of electronic communications of the principal; (3) a certification by the
agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested
by the custodian: (A) a number, username, address, or other unique subscriber or account identifier
assigned by the custodian to identify the principal's account; or (B) evidence linking the
account to the principal. (Act 2017-316, §1.)...
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26-2A-148
Section 26-2A-148 Conservators; title by appointment. (a) The appointment of a conservator
vests in the conservator title as trustee to all property, or to the part thereof specified
in the order, of the protected person, presently held or thereafter acquired, including title
to any property theretofore held for the protected person. Appointment of a conservator does
not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers
to Minors Act, or a valid durable power of attorney, except on order of the court. An order
specifying that only a part of the property of the protected person vests in the conservator
creates a limited conservatorship. (b) Except as otherwise permitted herein, the interest
of the protected person in property vested in a conservator by this section is not transferable
or assignable by the protected person. An attempted transfer or assignment by the protected
person, though ineffective to affect property rights, may generate a...
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19-1A-10
Section 19-1A-10 (Effective January 1, 2018) Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of
attorney, a custodian shall disclose to an agent with specific authority over digital assets
or general authority to act on behalf of a principal a catalogue of electronic communications
sent or received by the principal and digital assets, other than the content of electronic
communications, of the principal if the agent gives the custodian: (1) a written request for
disclosure in physical or electronic form; (2) an original or a copy of the power of attorney
that gives the agent specific authority over digital assets or general authority to act on
behalf of the principal; (3) a certification by the agent, under penalty of perjury, that
the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by...
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