reglab/housing_qa huggingface dataset:
AL Code § 26-2A-117 (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-117 - Jurisdiction of Court.

Section 26-2A-117Jurisdiction of court.  The court has continuing jurisdiction to revoke or modify an order made pursuant to this division upon a petition filed, noticed, and heard in the same manner as the original petition was filed. (Act 2016-404, §2.)
AL Code § 26-2A-130 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-130 - Protective Proceedings.

Section 26-2A-130Protective proceedings. (a) Upon petition and after notice and hearing in accordance with the provisions of this division, the court may appoint a conservator or make any other protective order for cause as provided in this section. (b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns funds or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for health, support, education, or maintenance and that protection is necessary or desirable to obtain or provide funds. (c) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (i) the person is unable to manage property and business affairs effectively for such reasons as mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and that (ii) (aa) the person has property that will be wasted or dissipated unless property management is provided, or that (bb) funds are needed for the health, support, education, or maintenance of the person or of those entitled to the person's support and that protection is necessary or desirable to obtain or provide the funds. (Acts 1987, No. 87-590, p. 975, §2-301.)
AL Code § 26-2A-131 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-131 - Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons.

Section 26-2A-131Protective proceedings; jurisdiction of business affairs of protected persons. Subject to Section 26-2A-31, after the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; and (2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the protected person, the protected person's dependents, or other claimants. (Acts 1987, No. 87-590, p. 975, §2-302; Act 2010-500, p. 782, §2.)
AL Code § 26-2A-132 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-132 - Venue.

Section 26-2A-132Venue. Venue for proceedings under this division is: (1) In the court at the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or (2) If the person to be protected does not reside in this state, in the court at any place where property of the person is located. (Acts 1987, No. 87-590, p. 975, §2-203.)
AL Code § 26-2A-133 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-133 - Original Petition for Appointment or Protective Order.

Section 26-2A-133Original petition for appointment or protective order. (a) The person to be protected or any person who is interested in the estate, affairs, or welfare of the person, including a parent, child, guardian, custodian, or any person who would be adversely affected by lack of effective management of the person's property and business affairs may petition for the appointment of a conservator or for other appropriate protective order. (b) The petition must set forth to the extent known the interest of the petitioner; the name, age, residence, and address of the person to be protected; the names and addresses of all persons, known to the petitioner, who must be given notice, a general statement of the person's property with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which the person is entitled; the reason why appointment of a conservator or other protective order is necessary, and whether bond has been relieved. If the appointment of a conservator is requested, the petition must also set forth the name and address of the person whose appointment is sought and the basis of the claim to priority for appointment. (Acts 1987, No. 87-590, p. 975, §2-304.)
AL Code § 26-2A-134 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-134 - Notice.

Section 26-2A-134Notice. (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.)
AL Code § 26-2A-137 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-137 - Protective Arrangements and Single Transactions Authorized.

Section 26-2A-137Protective arrangements and single transactions authorized. (a) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in Section 26-2A-130, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of property, including, but not limited to the leasing of oil, gas, and other mineral rights of the protected person; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or addition to or establishment of a suitable trust. (b) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in Section 26-2A-130, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's property and business affairs, including, but not limited to the leasing of oil, gas, and other mineral rights of the protected person, if the court determines that the transaction is in the best interest of the protected person. (c) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment. (Acts 1987, No. 87-590, p. 975, §2-308; Act 2017-245, §1.)
AL Code § 26-2A-138 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-138 - Who May Be Appointed Conservator; Priorities.

Section 26-2A-138Who 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 and the protected person has not remarried; (5) An adult child of the protected person; (6) A parent of the protected person, or a person nominated by the will of a deceased parent; (7) Any relative of the protected person who has resided with the protected person for more than six months before the filing of the petition; (8) A person nominated by one who is caring for or paying benefits to the protected person; and (9) A general guardian or sheriff for the county who must be appointed and act as conservator when no other fit person applies for appointment and qualifies. (b) A person in priorities (1), (4), (5), (6), or (7) may designate in writing a substitute to serve instead and thereby transfer the priority to the substitute. 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 protected 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, §2-309; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
AL Code § 26-2A-139 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-139 - Bond.

Section 26-2A-139Bond. (a) The court must require a conservator to furnish a bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control, plus one year's estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land. (b) The court may at any time reduce the bond of the conservator or require the conservator to provide additional or larger bond as may seem to be proper or necessary to protect the interests of the protected person. (c) Any individual, who is authorized under this chapter to nominate a conservator by will or other writing, may, by express provision in the will or other writing nominating the conservator, exempt the conservator from giving bond; and when a provision to that effect is made, the bond must not be required except in the following cases: (1) When any guardian, conservator, guardian ad litem, other fiduciary, or any person interested in the ward or the estate of the protected person makes affidavit, showing the affiant's interest and alleging that the interest is, or will be, endangered for want of security; or (2) When, in the opinion of the court, the estate is likely to be wasted, to the prejudice of any person interested therein. (d) In the cases provided for by subsection (c), upon application for the conservator to give bond, the conservator may show cause against applications of the exceptions and must have notice as the judge may deem reasonable; but if the conservator is not in the state, the application may be heard and determined without notice. (Acts 1987, No. 87-590, p. 975, §2-310.)
AL Code § 26-2A-140 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-140 - Terms and Requirements of Bonds.

Section 26-2A-140Terms and requirements of bonds. (a) The following requirements and provisions apply to any bond required under Section 26-2A-139. (1) Sureties are jointly and severally liable with the conservator and with each other. (2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party respondent. Notice of any proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner. (3) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator. (4) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted. (b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation. (Acts 1987, No. 87-590, p. 975, §2-311.)
AL Code § 26-2A-141 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-141 - Effect of Acceptance of Appointment.

Section 26-2A-141Effect of acceptance of appointment. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate which may be instituted by any interested person. Notice of any proceeding must be delivered to the conservator or mailed by registered or certified mail to the address as listed in the petition for appointment or as thereafter reported to the court and to the address as then known to the petitioner. (Acts 1987, No. 87-590, p. 975, §2-312.)
AL Code § 26-2A-142 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-142 - Compensation; Reimbursement; Court Costs.

Section 26-2A-142Compensation; 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 when the petitioner is related by blood or marriage to the individual who is the subject of the proceeding, if the assets of the estate in a protective proceeding or in a guardianship proceeding are not sufficient to provide reasonable compensation and pay court costs as permitted in subsections (a) and (b), the compensation of any guardian ad litem, court representative, or physician appointed by the court and court costs associated with the petition or motion may be taxed by the court with regard to any particular petition or motion presented to the court to the petitioner as additional costs to the petitioner. (Acts 1987, No. 87-590, p. 975, §2-313; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1; Act 2006-529, p. 1223, §1.)
AL Code § 26-2A-143 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-143 - Death, Resignation, or Removal of Conservator.

Section 26-2A-143Death, resignation, or removal of conservator. The court, on petition or on its own motion, may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. Upon the conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor. (Acts 1987, No. 87-590, p. 975, §2-314.)
AL Code § 26-2A-144 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-144 - Petitions for Orders Subsequent to Appointment.

Section 26-2A-144Petitions for orders subsequent to appointment. (a) Any person interested in the welfare of a person for whom a conservator has been appointed, any person interested in the proper administration of the estate, or the court on its own motion, may file a petition in the appointing court or the court to which the conservatorship has been transferred for an order: (1) Requiring bond or collateral or additional bond or collateral, or reducing bond; (2) Requiring an accounting for the administration of the trust; (3) Directing distribution; (4) Removing the conservator and appointing a temporary or successor conservator; or (5) Granting other appropriate relief. (b) A conservator may petition the appointing court or the court to which the conservatorship has been transferred for instructions concerning fiduciary responsibility. (c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order. (d) If, on the hearing, it should appear that there is no satisfactory cause for the petition, the petition must be dismissed at costs of the petitioner. (Acts 1987, No. 87-590, p. 975, §2-315.)
AL Code § 26-2A-145 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-145 - Conservator's Standard of Care and Performance.

Section 26-2A-145Conservator's standard of care and performance. A conservator, in relation to powers conferred by this division, or implicit in the title acquired by virtue of the proceeding, shall observe the standards in dealing with the estate of the protected person that would be observed by a prudent person dealing with the property of another, and if the conservator has special skills or is appointed conservator on the basis of representations of special skills or expertise, the conservator is under a duty to use those skills. (Acts 1987, No. 87-590, p. 975, §2-316.)
AL Code § 26-2A-146 (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 3 - Protection of Property of Persons Under Disability and Minors.|Section 26-2A-146 - Inventory and Records.

Section 26-2A-146Inventory and records. (a) Within 90 days after appointment, each conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator shall provide a copy thereof to the protected person if practicable and the person has attained the age of 14 years. A copy also shall be provided to any guardian or parent with whom the protected person resides. (b) The conservator shall keep suitable records of the administration and exhibit the same on request of any interested person. (Acts 1987, No. 87-590, p. 975, §2-317.)