reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-214 - Benefits From Governmental Programs or Civil or Military Service.

Section 26-1A-214
Benefits from governmental programs or civil or military service.
(a) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including, but not limited to, Social Security, Medicare, and Medicaid.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(1) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in Section 26-1A-213(a)(1), and for shipment of their household effects;
(2) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(3) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(4) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(6) receive the financial proceeds of a claim described in paragraph (4) and conserve, invest, disburse, or use for a lawful purpose anything so received.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-215 - Retirement Plans.

Section 26-1A-215
Retirement plans.
(a) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:
(1) an individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. Section 408, as amended;
(2) a Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. Section 408A, as amended;
(3) a deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. Section 408(q), as amended;
(4) an annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. Section 403(b), as amended;
(5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. Section 401(a), as amended;
(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. Section 457(b), as amended; and
(7) a non-qualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. Section 409A, as amended.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(1) select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(2) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(3) establish a retirement plan in the principal's name;
(4) make contributions to a retirement plan;
(5) exercise investment powers available under a retirement plan; and
(6) borrow from, sell assets to, or purchase assets from a retirement plan.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-216 - Taxes.

Section 26-1A-216
Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. Section 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;
(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 2 - Authority. › Section 26-1A-217 - Gifts.

Section 26-1A-217
Gifts.
(a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529, as amended.
(b) Unless the power of attorney otherwise expressly provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:
(1) make outright to, or for the benefit of, a person including the agent, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as amended, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:
(1) the value and nature of the principal's property;
(2) the principal's foreseeable obligations and need for maintenance;
(3) minimization of taxes, including income, estate, inheritance, generation skipping transfer, and gift taxes;
(4) eligibility for a benefit, a program, or assistance under a statute or regulation; and
(5) the principal's personal history of making or joining in making gifts.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 3 - Forms. › Section 26-1A-302 - Agent's Certification.

Section 26-1A-302
Agent's certification.
A document substantially in the following format may be used by an agent to certify facts concerning a power of attorney.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY
State of _____________________________
[County] of___________________________
I, _________________________________________ (Name of Agent), [certify] under penalty of perjury that ________________________________
(Name of Principal)
granted me authority as an agent or successor agent in a power of attorney dated ________________________.
I further [certify] that to my knowledge:
(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;
(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4) __________________________________________
_________________________________________
__________________________________________
__________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
_________________________________________________
Agent's Signature Date:
_________________________________________________
Agent's Name Printed:
_________________________________________________
Agent's Address:
_________________________________________________
Agent's Telephone Number:
_________________________________________________
This document was acknowledged before me on
________________________________________________,
(Date)
by______________________________________________.
(Name of Agent)
___________________________________________ (Seal, if any)
Signature of Notary
My commission expires: ________________________
[This document prepared by:
___________________________________________]
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 4 - Miscellaneous Provisions. › Section 26-1A-401 - Uniformity of Application and Construction.

Section 26-1A-401
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
(Act 2011-683, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 4 - Miscellaneous Provisions. › Section 26-1A-402 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 26-1A-402
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 1A - Alabama Uniform Power of Attorney. › Article 4 - Miscellaneous Provisions. › Section 26-1A-403 - Effect on Existing Powers of Attorney.

Section 26-1A-403
Effect on existing powers of attorney.
This chapter applies to all powers of attorney executed on or after January 1, 2012.
(Act 2011-683, p. 2015, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 1 - General Provisions. › Section 26-2-2 - Removal of Guardianship or Conservatorship From Probate to Circuit Court.

Section 26-2-2
Removal of guardianship or conservatorship from probate to circuit court.
The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court, at any time before the final settlement thereof by the guardian or conservator of any such guardianship or conservatorship or guardian ad litem or next friend of such ward or anyone entitled to support out of the estate of such ward without assigning any special equity, and an order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person entitled to support out of the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion of the petitioner such guardianship or conservatorship can be better administered in the circuit court than in the probate court.
(Code 1923, §8102; Acts 1939, No. 125, p. 168; Code 1940, T. 21, §26; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 1 - General Provisions. › Section 26-2-3 - Transfer to Circuit Court; Remand to Probate Court.

Section 26-2-3
Transfer to circuit court; remand to probate court.
(a) In any county where the judge of probate is required to be learned in the law, the administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding for final settlement thereof is commenced in probate court by the guardian or conservator of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone entitled to support out of the estate of the ward without assigning any special equity. The circuit court shall remand the administration of a guardianship or conservatorship transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of a guardianship or conservatorship pursuant to this section to the probate court if the circuit court finds that any of the following apply:
(1) The circuit court has issued a final order or judgment on all contested matters pending before the circuit court in the administration of the guardianship or conservatorship and the time for an appeal of the order or judgment has expired without an appeal being filed or, if an appeal was filed, after the final adjudication of the appeal.
(2) All interested parties or their representatives request the administration of the guardianship or conservatorship be remanded to probate court.
(b) Nothing in subsection (a) shall prevent the administration of a guardianship or conservatorship from being removed again to the circuit court pursuant to Section 26-2-2 after the administration has been remanded to the probate court as provided above.
(Act 2011-528, p. 864, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 2 - General Conservator for County; Guardians of Minors. › Section 26-2-26 - General Conservator for County.

Section 26-2-26
General conservator for county.
The judge of probate may appoint a general conservator for the county who must be appointed and act as a conservator when no other fit person applies for appointment and qualifies. The term of office of such general conservator shall continue during the term of the judge by whom he or she is appointed, unless he or she is reappointed. If he or she is reappointed, his or her bond, if deemed sufficient, shall remain as a continuing security, or he or she may be required to execute a new bond.
(Code 1867, §2423, Code 1876, §2765; Code 1886, §2376; Code 1896, §2253; Code 1907, §4343; Code 1923, §8100; Code 1940, T. 21, §7; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 2 - General Conservator for County; Guardians of Minors. › Section 26-2-27 - Appointment of Sheriff as Guardian.

Section 26-2-27
Appointment of sheriff as guardian.
If no fit person is appointed and qualifies as guardian of a minor and there be no general guardian for the county, the sheriff must be appointed guardian and the guardianship attaches to the office of sheriff.
(Code 1852, §2017; Code 1867, §2416; Code 1876, §2767; Code 1886, §2377; Code 1896, §2254; Code 1907, §4344; Code 1923, §8101; Code 1940, T. 21, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-43 - Procedure Generally - Summoning, etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated.

Section 26-2-43
Procedure generally - Summoning, etc., of jurors, witnesses and person alleged to be incapacitated.
The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for the trial thereof and also issue subpoenas for witnesses, as the parties may require, returnable to the time of trial. The probate judge must also issue a writ directed to the sheriff to take the person alleged to be incapacitated and, if consistent with his or her health or safety, have him or her present at the place of the trial.
(Code 1852, §2751; Code 1867, §3190; Code 1876, §2758; Code 1886, §3393; Code 1896, §2258; Code 1907, §4348; Code 1923, §8106; Code 1940, T. 21, §12; Acts 1945, No. 468, p. 704; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-44 - Procedure Generally - Impaneling and Swearing in of Jury; Filling of Vacancies on Jury.

Section 26-2-44
Procedure generally - Impaneling and swearing in of jury; filling of vacancies on jury.
(a) At the time set for the trial, if good cause be not shown for continuance, the jury must be impaneled and sworn well and truly to make inquisition of the facts alleged in the petition, and render a true verdict according to the evidence.
(b) If any of the jurors are excused from serving, fail to attend or are set aside for any cause, their places may be supplied from the bystanders.
(Code 1852, §2752; Code 1867, §3191; Code 1876, §2759; Code 1886, §2394; Code 1896, §2259; Code 1907, §4349; Code 1923, §8107; Code 1940, T. 21, §13.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-45 - Procedure Generally - Entry of Decree, Recordation of Proceedings and Appointment of Conservator by Court Upon Rendition of Verdict of Jury.

Section 26-2-45
Procedure generally - Entry of decree, recordation of proceedings and appointment of conservator by court upon rendition of verdict of jury.
If the jury find by their verdict that the facts alleged in the petition are true and that such person is incapacitated, the court shall enter a decree accordingly, and must cause the petition and all the proceedings thereon to be recorded and appoint a suitable conservator of such person.
(Code 1852, §2753; Code 1867, §3192; Code 1876, §2760; Code 1886, §2395; Code 1896, §2260; Code 1907, §4350; Code 1923, §8108; Code 1940, T. 21, §14; Acts 1982, No. 82-384, p. 561, §2; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-46 - Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum.

Section 26-2-46
Procedure where person alleged to be of unsound mind confined in hospital or asylum.
If the person alleged to be of unsound mind is a resident of the county and is at the time of the application confined in a hospital or asylum within or without the state, inquisition may be had and taken without notice to him or her , but, on the filing of the application, the court must appoint a guardian ad litem to represent and defend for him or her. It shall be the duty of such guardian by answer to put in issue the facts stated in the application and to employ counsel at the expense of such person of unsound mind to appear and defend him or her.
(Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907, §4351; Code 1923, §8109; Code 1940, T. 21, §15.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-47 - Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Authorization.

Section 26-2-47
Appointment of guardian for nonresident incapacitated person having property within state - Authorization.
The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be within this state if such person has been declared an incapacitated person by a court having jurisdiction in the state of his or her residence.
(Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code 1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-48 - Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Procedure.

Section 26-2-48
Appointment of guardian for nonresident incapacitated person having property within state - Procedure.
The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name, sex, age, and residence of such person, the court by which he or she was declared incapacitated and the property requiring the care of a conservator.
On the filing of such application, the court must appoint a day for the hearing thereof, notice of which must be given for three successive weeks by publication in some newspaper published in the county or, if there is no such paper published in the county, by publication in a paper published in an adjoining county, and a copy of such paper must be mailed by the probate judge to such person at the post office nearest his or her residence. The court must appoint a guardian ad litem to represent and defend for such person and it shall be the duty of such guardian ad litem to put in issue the facts stated in the application. If, on the hearing the application is not granted, the court must render a decree against the applicant for all the costs of the proceedings, including the reasonable compensation of the guardian ad litem.
(Code 1867, §2415; Code 1876, §2755; Code 1886, §2403; Code 1896, §2268; Code 1907, §4358; Code 1923, §8116; Code 1940, T. 21, §22; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-50 - Appointment of General Conservator of County or Sheriff as Guardian.

Section 26-2-50
Appointment of general conservator of county or sheriff as guardian.
The general conservator of the county must be appointed conservator of an incapacitated person if no other suitable person applies for appointment and qualifies and if there be no general conservator, the sheriff must be appointed.
(Code 1852, §2017; Code 1867, §§2416, 2423; Code 1876, §§2765, 2767; Code 1886, §2405; Code 1896, §2270; Code 1907, §4360; Code 1923, §8118; Code 1940, T. 21, §24; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-51 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Contents of Application, Etc.

Section 26-2-51
Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Contents of application, etc.
At any time after the inquisition, the person ascertained to be incapacitated, by himself or herself or by next friend, may apply in writing to the court of probate for a revocation of the proceedings against him or her and of the letters of guardianship or conservatorship, the application to be accompanied by the certificate in writing of two physicians or of two other competent persons stating that, after examination of such person, they believe the person's incapacity has terminated.
(Code 1852, §2758; Code 1867, §2197; Code 1876, §2804; Code 1886, §2397; Code 1896, §2262; Code 1907, §4352; Code 1923, §8110; Code 1940, T. 21, §16; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-52 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Appointment of Date for Hearing on Application; Notice to Guardian or Conservator, Etc.

Section 26-2-52
Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Appointment of date for hearing on application; notice to guardian or conservator, etc.
On the filing of such application, the court must appoint a day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator and the person at whose instance the inquisition was had and taken must be cited to appear and show cause against it.
(Code 1852, §2758; Code 1867, §3197; Code 1876, §2804; Code 1886, §2398; Code 1896, §2263; Code 1907, §4353; Code 1923, §8111; Code 1940, T. 21, §17; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-53 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Conduct of Hearing or Trial Upon Contested Application; Entry of Decree Revoking Guardianship or Conservatorship, etc., Where Application Not Contested.

Section 26-2-53
Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Conduct of hearing or trial upon contested application; entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of the application, the court must appoint a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings must be had as upon the original inquisition.
If there be no contest of the allegations of the application and the court is satisfied of the truth thereof, a decree must be entered revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring that the ward must be restored to the custody and management of his or her estate.
(Code 1852, §§2759, 2760; Code 1867, §§3198, 3199; Code 1876, §§2805, 2806; Code 1886, §2399; Code 1896, §2264; Code 1907, §4354; Code 1923, §8112; Code 1940, T. 21, §18; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-54 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Entry of Decree or Judgment as to Contested Application Upon Rendition of Verdict of Jury.

Section 26-2-54
Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Entry of decree or judgment as to contested application upon rendition of verdict of jury.
If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree revoking the proceedings on the inquisition and the guardianship or conservatorship, and declaring that the ward must be restored to the custody and management of his or her estate and must adjudge the costs as is just and equitable, but if the verdict of the jury negatives the facts stated in the application, a judgment of dismissal at the cost of the applicant or of the next friend must be entered.
(Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code 1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2 - Appointment of Guardians. › Article 3 - Guardians of Incapacitated Persons. › Section 26-2-55 - Revocation of Guardianship or Conservatorship - Upon Application by Guardian or Conservator.

Section 26-2-55
Revocation of guardianship or conservatorship - Upon application by guardian or conservator.
If, at any time after his or her appointment, the guardian or conservator becomes satisfied that the incapacity of the ward has terminated, and is capable of managing his or her estate and the judge of probate is of the opinion, from the proof and the facts stated, that such representation is correct, the judge of probate must make an order that the guardian or conservator be discharged and that the estate of the ward be restored to him or her.
(Code 1852, §2757; Code 1867, §3196; Code 1876, §2803; Code 1886, §2401; Code 1896, §2266; Code 1907, §4356; Code 1923, §8114; Code 1940, T. 21, §20; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-1 - Short Title.

Section 26-2A-1
Short title.
This chapter may be cited as the Alabama Uniform Guardianship and Protective Proceedings Act.
(Acts 1987, No. 87-590, p. 975, §1-101.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-2 - Rule of Construction; Purposes.

Section 26-2A-2
Rule of construction; purposes.
(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter are to:
(1) Simplify and clarify the law concerning the affairs of minors, missing or disappeared persons, protected persons, and incapacitated persons;
(2) Promote a speedy and efficient system for managing and protecting the estates of protected persons so that assets may be preserved for application to the needs of protected persons and their dependents;
(3) Provide a system of general and limited guardianships for minors and incapacitated persons and to coordinate guardianships and protective proceedings concerned with management and protection of estates of incapacitated persons; and
(4) Make uniform the law among the various jurisdictions.
(Acts 1987, No. 87-590, p. 975, §1-102.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-3 - Supplementary General Principles of Law Applicable.

Section 26-2A-3
Supplementary general principles of law applicable.
Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
(Acts 1987, No. 87-590, p. 975, §1-103.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-4 - Severability.

Section 26-2A-4
Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Acts 1987, No. 87-590, p. 975, §1-104.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-5 - Construction Against Implied Repeal.

Section 26-2A-5
Construction against implied repeal.
This chapter is a general act intended as a unified coverage of its subject matter and no subsequent legislation shall be construed to repeal by implication any part of this chapter if that construction reasonably can be avoided.
(Acts 1987, No. 87-590, p. 975, §1-105.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-6 - Facility of Payment or Delivery; Notice of Payment.

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 filing a notice of such payment with the probate judge of the county in which the minor resides, if a resident of this state, or, if a nonresident, with the judge of probate or like officer of the county in which the debtor or creditor resides.
(b) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.
(c) Persons, receiving money or personal property for a minor, are obligated to apply the money to the health, support, education, or maintenance of the minor, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. A person who receives money or personal property for a minor is obligated to preserve the money and personal property, except to the extent necessary for the health, support, education, or maintenance of the minor, and any balance not so used and any personal property received for the minor must be turned over to the minor when majority is attained. A person who pays or delivers money or property in accordance with provisions of this section is not responsible for the proper application thereof.
(Acts 1987, No. 87-590, p. 975, §1-106; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-7 - Delegation of Powers by Parent or Guardian; Parental Authority.

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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-8 - Application to Existing Relationships.

Section 26-2A-8
Application to existing relationships.
Guardianships created prior to January 1, 1988, and continuing in effect on January 1, 1988, are not terminated, even though the statute under which the appointment was made may be repealed by this chapter. Those guardianships continue in effect as they existed prior to this chapter with all of the powers and duties of the guardianship, except that the guardian previously appointed in addition will have the powers and duties of a guardian and a conservator under this chapter to the extent that the powers and duties under this chapter may be broader or more clearly expressed.
(Acts 1987, No. 87-590, p. 975, §2-334.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 1 - Short Title, Construction, General Provisions. › Section 26-2A-9 - Preservation of Powers and Duties of Existing Curators; Curators Become Conservators on January 1, 1997.

Section 26-2A-9
Preservation of powers and duties of existing curators; curators become conservators on January 1, 1997.
(a) A curator appointed pursuant to Chapter 7A of this title prior to August 7, 1995, and continuing in effect on August 7, 1995, is not terminated, although the statute under which the appointment was made is repealed by Act 95-751. The curator shall continue in effect as the curator existed prior to Act 95-751, with all of the powers and duties of the curator on August 7, 1995.
(b) If, on January 1, 1997, a curator is in existence pursuant to subsection (a), the curator on that date shall be considered a conservator as provided in Chapter 2A (commencing with Section 26-2A-1) of this title, with all the power and duties of a conservator as provided in that chapter. If the powers of a curator are limited by a court, the powers granted in this subsection are limited to the same extent.
(Acts 1995, No. 95-751, p. 1750, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 3 - Scope, Jurisdiction, and Courts. › Section 26-2A-30 - Territorial Application.

Section 26-2A-30
Territorial application.
Except as otherwise provided in this chapter, it applies to:
(1) Affairs and estates of disappeared persons, and persons to be protected, domiciled in this state;
(2) Property located in this state of nondomiciliaries who are disappeared persons or persons to be protected, or property coming into the control of a guardian or conservator who is subject to the laws of this state; and
(3) Incapacitated persons and minors in this state.
(Acts 1987, No. 87-590, p. 975, §1-301.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 3 - Scope, Jurisdiction, and Courts. › Section 26-2A-32 - Venue; Multiple Proceedings; Transfer.

Section 26-2A-32
Venue; multiple proceedings; transfer.
(a) If a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.
(b) If proceedings concerning the same estate, protected person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue. Any other court shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(c) If the court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court may transfer the proceeding or file to the other court.
(Acts 1987, No. 87-590, p. 975, §1-303.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 3 - Scope, Jurisdiction, and Courts. › Section 26-2A-31 - Subject Matter Jurisdiction.

Section 26-2A-31
Subject matter jurisdiction.
(a) To the full extent permitted by the constitution and as permitted under Article 2 of Chapter 2B of this title, the court has jurisdiction over all subject matter relating to estates of protected persons and protection of minors and incapacitated persons.
(b) The court has full power to make order, judgments, and decrees and take all other action necessary and proper to administer justice in the matters that come before it.
(c) The court has jurisdiction over protective proceedings and guardianship proceedings.
(d) If both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
(e) No provision of this chapter shall be construed to void, abate, or diminish the powers or equity jurisdiction, when invoked, heretofore or hereafter granted by statute to certain probate courts.
(Acts 1987, No. 87-590, p. 975, §1-302; Act 2010-500, p. 782, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 3 - Scope, Jurisdiction, and Courts. › Section 26-2A-33 - Practice in Court.

Section 26-2A-33
Practice in court.
Unless specifically provided to the contrary in this chapter or inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern proceedings under this chapter.
(Acts 1987, No. 87-590, p. 975, §1-304.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 3 - Scope, Jurisdiction, and Courts. › Section 26-2A-34 - Records and Certified Copies.

Section 26-2A-34
Records and certified copies.
The clerk of court shall keep a record for each ward or protected person involved in any document that may be filed with the court under this chapter, including petitions, requests, and any orders or responses by the court relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the required fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator or of any other document filed or recorded. Certificates relating to letters must show the date of appointment.
(Acts 1987, No. 87-590, p. 975, §1-305.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 3 - Scope, Jurisdiction, and Courts. › Section 26-2A-35 - Jury Trial.

Section 26-2A-35
Jury trial.
(a) Except for proceedings in a court having general equity jurisdiction, a party is entitled to a trial by a jury of six disinterested persons in any proceeding to determine the incapacity of the individual and in other proceedings as to which a party has a constitutional right or a right under this chapter to a trial by jury. In any proceeding in a court having general equity jurisdiction, the right to trial by jury shall be determined under Alabama Rules of Civil Procedure, Rule 38.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
(Acts 1987, No. 87-590, p. 975, §1-306.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 3 - Scope, Jurisdiction, and Courts. › Section 26-2A-36 - Appeals.

Section 26-2A-36
Appeals.
Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by Title 12, Chapter 22, and the Alabama Rules of Appellate Procedure, as applicable, but in proceedings in which jury trial has been had as a matter of right the rules applicable to the scope of review in jury cases apply.
(Acts 1987, No. 87-590, p. 975, §1-307.)