reglab/housing_qa huggingface dataset:
AL Code § 26-2A-101 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-101 - Venue.

Section 26-2A-101Venue. The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present at the time the proceedings are commenced. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court is located. (Acts 1987, No. 87-590, p. 975, §2-202.)
AL Code § 26-2A-103 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-103 - Notice in Guardianship Proceeding.

Section 26-2A-103Notice in guardianship proceeding. (a) In a proceeding for the appointment of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment of a temporary guardian, notice of hearing must be given to each of the following: (1) The person alleged to be incapacitated, her or his spouse (if any), and adult children, or if none, parents; (2) Any person who is serving as guardian, conservator, or who has the care and custody of the person alleged to be incapacitated; (3) In case no other person is notified under paragraph (1), at least one of the nearest adult relatives residing in this state, if any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given to the ward, the guardian, and any other person as ordered by the court. (c) Notice must be served personally on the alleged incapacitated person. Notices to other persons as required by subsection (a)(1) must be served personally if the person to be notified can be found within the state. In all other cases, required notices must be given as provided in Section 26-2A-50. (d) The person alleged to be incapacitated may not waive notice. (Acts 1987, No. 87-590, p. 975, §2-204.)
AL Code § 26-2A-104 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-104 - Who May Be Guardian; Priorities.

Section 26-2A-104Who 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 to the filing of the petition; and (5) A person nominated by the person who is caring for or paying for the care of the incapacitated person. (d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person may pass over a person having priority and appoint a person having a lower priority or no priority. (Acts 1987, No. 87-590, p. 975, §2-205.)
AL Code § 26-2A-104.1 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-104.1 - Corporations as Guardians for Developmentally Disabled.

Section 26-2A-104.1Corporations as guardians for developmentally disabled. (a) The term "developmentally disabled" means a person whose impairment of general intellectual functioning or adaptive behavior which is manifested before the person attains the age of 22 and results in intellectual disability, cerebral palsy, epilepsy or autism and as defined in Public Law 98-527, the Developmental Disabilities Assistance and Bill of Rights Act (Section 102(7)). (b) A private non-profit corporation organized under the laws of Alabama and qualified under the Internal Revenue Code as a 501(c)(3) tax exempt corporation as described herein is qualified for designation as guardian for persons with developmental disabilities and who has been determined by the probate court to need some degree of guardianship; provided that those corporations qualifying under this section shall be governed by a board of directors which shall have no fewer than 35 percent of its membership representing parents or siblings of persons with developmental disabilities. Further such corporation shall be established in perpetuity to provide a lifetime of service to those persons placed under their care. In no case shall a corporation appointed under this section engage in providing direct or indirect services to the wards/protective persons under its care or take any other action that could be considered a conflict of interest. (c) The Alabama Department of Mental Health shall assist the courts in their implementation of this section and shall develop guidelines for the provision of guardianship services by corporations appointed under this section. (Acts 1991, No. 91-547, p. 1009, §§1-3.)
AL Code § 26-2A-105 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-105 - Findings; Order of Appointment.

Section 26-2A-105Findings; order of appointment. (a) The court shall exercise the authority conferred in this division so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's mental and adaptive limitations or other conditions warranting the procedure. (b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person. The court, on appropriate findings, may (i) treat the petition as one for a protective order under Section 26-2A-130 and proceed accordingly, (ii) enter any other appropriate order, or (iii) dismiss the proceedings. (c) The court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, may limit the powers of a guardian otherwise conferred by this chapter and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of an incapacitated person must be endorsed on the guardian's letters or, in the case of a guardian by parental or spousal appointment, must be reflected in letters issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed or modified and appropriate letters issued. (Acts 1987, No. 87-590, p. 975, §2-206.)
AL Code § 26-2A-106 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-106 - Acceptance of Appointment; Consent to Jurisdiction.

Section 26-2A-106Acceptance of appointment; consent to jurisdiction. By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding must be delivered or mailed to the guardian at the address listed in the court records and at the address as then known to the petitioner. (Acts 1987, No. 87-590, p. 975, §2-207.)
AL Code § 26-2A-107 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-107 - Emergency Orders; Temporary Guardians.

Section 26-2A-107Emergency orders; temporary guardians. (a) If an incapacitated person has no guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, on appropriate petition the court, without notice, may appoint a temporary guardian whose authority may not extend beyond 30 days and who may exercise those powers granted in the order. (b) If the appointed guardian is not effectively performing duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may appoint, with or without notice, a temporary guardian for the incapacitated person having the powers of a general guardian for a specified period not to exceed six months. The authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary guardian shall make any report and comply with any conditions the court imposes or requires. In other respects the provisions of this chapter concerning guardians apply to temporary guardians. (Acts 1987, No. 87-590, p. 975, §2-208; Act 2015-464, §1.)
AL Code § 26-2A-108 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-108 - General Powers and Duties of Guardian.

Section 26-2A-108General powers and duties of guardian. (a) Except as limited pursuant to Section 26-2A-105(c), a guardian of an incapacitated person is responsible for health, support, education, or maintenance of the ward, but is not liable to third persons by reason of that responsibility for acts of the ward. In particular and without qualifying the foregoing, a guardian has the same duties, powers, and responsibilities as a guardian for a minor as described in Section 26-2A-78(b), (c), and (d). (b) Except as provided in Division 2A, in addition to the duties, powers, and responsibilities of a guardian described in subsection (a), a guardian of an incapacitated person has the power to limit or enforce the ward's right to visitation or communication with anyone, including the right to receive visitors, telephone calls, and personal mail. (Acts 1987, No. 87-590, p. 975, §2-209; Act 2016-404, §1.)
AL Code § 26-2A-109 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-109 - Termination of Guardianship for Incapacitated Person.

Section 26-2A-109Termination 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.)
AL Code § 26-2A-110 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-110 - Removal or Resignation of Guardian; Termination of Incapacity.

Section 26-2A-110Removal or resignation of guardian; termination of incapacity. (a) On petition of the ward or any person interested in the ward's welfare, or on its own motion, the court, after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition of the guardian, the court, after hearing, may accept a resignation. (b) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court. (c) Upon removal, resignation, or death of the guardian, or if the guardian is determined to be incapacitated, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian, or ordering that a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian. (Acts 1987, No. 87-590, p. 975, §2-211.)
AL Code § 26-2A-111 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2 - Guardians of Incapacitated Persons.|Section 26-2A-111 - Proceedings Subsequent to Appointment; Venue.

Section 26-2A-111Proceedings subsequent to appointment; venue. (a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship, including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed. (b) If the court at the place where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced, in all appropriate cases, shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation, removing a guardian, or altering authority must be sent to the court in which acceptance of appointment is filed. (Acts 1987, No. 87-590, p. 975, §2-212.)
AL Code § 26-2A-112 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2A - Guardians of Incapacitated Persons.|Section 26-2A-112 - Definitions.

Section 26-2A-112Definitions.  For the purposes of this division, the following terms have the following meanings: (1) RELATIVE. A sibling, child, parent, grandparent, or grandchild of a ward or a person who shares this same relationship through adoption or a spouse of the ward. (2) VISITATION. Any in-person meeting or any telephonic mail or electronic communication between a ward and his or her relative. (3) VISITATION ORDER. An order issued by the court after notice and hearing regarding the visitation with a ward by his or her relative specifying the approval or disapproval of any visitation and the specifics of that visitation including, but not limited to, the time, place, and manner of the visitation. (4) WARD. An adult who is a ward as defined in Section 26-2A-20. (Act 2016-404, §2.)
AL Code § 26-2A-113 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2A - Guardians of Incapacitated Persons.|Section 26-2A-113 - Petition to Compel Visitation.

Section 26-2A-113Petition to compel visitation.  (a) A relative may file a petition with the court to compel visitation with a ward from whom he or she has been isolated. (b) The petition shall be filed in the court having jurisdiction over the guardianship of the ward. (c) On motion of either the petitioner or the guardian or the court, the petition shall be transferred to the circuit court for the sole purpose of a determination of any relief under this division. (d) The petition shall state all of the following information:  (1) The condition of the ward's physical and mental health, to the extent known by the petitioner. (2) The efforts to obtain visitation with the ward. (3) The proposed visitation that is sought. (4) The deficit or deficits, if any, in the ward's mental functions that are impaired and an identification of a link between the deficit or deficits and the ward's inability to respond knowingly and intelligently to queries about the requested visitation. (5) The names and addresses, so far as they are known to the petitioner, of the spouse and relatives of the first degree of the ward. (e) The court shall provide notice not less than 14 days before the hearing in the manner specified in Section 26-2A-103, unless the hearing is an emergency hearing pursuant to subsection (g), in which case, notice shall be given as soon as practicable. (f) A determination by the court regarding capacity under this section may not be used as evidence of capacity in any other proceeding. (g) If the petition filed under subsection (a) states that the ward's health is in significant decline or that the ward's death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than 10 days after the date the petition is filed under subsection (a). (Act 2016-404, §2.)
AL Code § 26-2A-114 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2A - Guardians of Incapacitated Persons.|Section 26-2A-114 - Investigation and Report.

Section 26-2A-114Investigation and report.  Before ruling on the petition, the court may order the Department of Human Resources or the court representative to do any or all of the following: (1) Conduct interviews with the following: a. The ward b. All petitioners. c. The relatives of the ward. d. To the extent practical, neighbors and, if known, close friends of the ward. (2) Inform the ward of the contents of the petition. (3) Determine whether the ward has the capacity to consent to the requested visitation. (4) Determine whether the ward desires the proposed visitation. (5) Report to the court in writing, at least seven days before the hearing, concerning subdivisions (1) to (4), inclusive. (6) Mail, at least seven days before the hearing, a copy of the report referred to in subdivision (5) to all of the following: a. The petitioner or his or her attorney, if any. b. The guardian ad litem appointed to represent the ward for purposes of the petition for visitation. c. The guardian. d. Any other person as the court orders. (7) The report required by this section is confidential and shall be made available only to the parties, persons described in subdivision (6), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. (8) If the court investigator has performed an investigation within the preceding 12 months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed. (Act 2016-404, §2.)
AL Code § 26-2A-115 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2A - Guardians of Incapacitated Persons.|Section 26-2A-115 - Hearing; Orders.

Section 26-2A-115Hearing; orders.  (a) In ruling on the petition, the court shall conduct a hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent visitation decision based on evidence presented. (b) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision and the ward expresses a desire for visitation with the petitioner, the court shall order visitation. (c) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision, but does not desire visitation with the petitioner, the court shall not order visitation. (d) If the court determines that the ward does not have capacity to make a knowing and intelligent visitation decision, the court shall determine whether to order visitation based on the best interest of the ward as determined by the evidence presented to the court. (e) The court shall order the petitioner to pay the court costs and reasonable fees and expenses of any attorney or court representative appointed under this division. (Act 2016-404, §2.)
AL Code § 26-2A-116 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.|Article 2 - Protection of Persons Under Disability and Their Property.|Division 2A - Guardians of Incapacitated Persons.|Section 26-2A-116 - Notice Requirements.

Section 26-2A-116Notice requirements. (a) Except as provided under subsection (b), provided the relative has supplied the guardian with his or her current contact information, the guardian shall as soon as practicable inform relatives of any of the following: (1) The ward dies. (2) The ward is admitted to a medical facility for acute or chronic care for a period of three days or more. (3) The ward's residence has changed. (4) The ward is staying at a location other than the ward's residence for a period that exceeds one calendar week. (5) In the case of the ward's death, the guardian shall inform relatives of any funeral arrangements and the location of the ward's final resting place. (b) The court shall relieve a guardian of the duty to provide notice to a relative under this division, if the court finds that: (1) The relative entitled to notice about the ward has submitted a written request to the guardian electing not to receive notice about a ward's health and residence. (2) A protective order was issued against the relative to protect the ward. (3) The court ordered that the relative not be given this information. (Act 2016-404, §2.)