reglab/statecodes huggingface dataset:
2023 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-133
Original 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.)
2023 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-134
Notice.
(a) On a petition for appointment of a conservator or other protective order, the requirements for notice described in Section 26-2A-103 apply, but (i) if the person to be protected has disappeared or is otherwise situated so as to make personal service of notice impracticable, notice to the person must be given by publication as provided in Section 26-2A-50, and (ii) if the person to be protected is a minor, the provisions of Section 26-2A-75 also apply.
(b) Notice, as described in Section 26-2A-103, of any hearing on a petition for an order subsequent to appointment of a conservator or other protective order must be given to the protected person, any conservator of the protected person's estate, and any other person as ordered by the court.
(Acts 1987, No. 87-590, p. 975, §2-305.)
2023 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-137
Protective 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.)
2023 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-138
Who may be appointed conservator; priorities.
(a) The court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:
(1) A conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;
(2) An individual or corporation nominated by the protected person who is 14 or more years of age and of sufficient mental capacity to make an intelligent choice;
(3) An attorney-in-fact under a valid durable power of attorney previously executed by the protected person and giving the attorney-in-fact reasonably broad powers over the property of the protected person;
(4) The spouse of the protected person, or a person nominated by the will of a deceased spouse to whom the protected person was married at the decedent's death 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.)
2023 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-139
Bond.
(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.)
2023 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-140
Terms 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.)
2023 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-141
Effect 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.)
2023 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-142
Compensation; 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.)
2023 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-143
Death, 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.)
2023 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-144
Petitions 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.)
2023 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-145
Conservator'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.)
2023 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-146
Inventory 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.)
2023 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-147 - Accounts.

Section 26-2A-147
Accounts.
Each conservator shall account to the court for administration of the conservatorship upon resignation or removal and at other times as the court may direct, but if not otherwise directed, the conservator must, at least once in three years, account to the court. If the conservator shall die before making the accounting, the conservator's personal representative will make the accounting, or if no personal representative has been appointed, the sureties on the conservator's bond may proceed to make the accounting. On termination or removal of the protected person's minority or disability, a conservator shall account to the court or to the formerly protected person. An order after notice and hearing allowing an intermediate account of a conservator is a final adjudication as to liabilities concerning the matters considered in connection therewith. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or other party having an interest in the estate for amendment or revision if it later appears that the account is incorrect either because of fraud or mistake. An order, following notice and hearing, allowing a final account is a final adjudication as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical examination of the estate, to be made in any manner the court specifies.
(Acts 1987, No. 87-590, p. 975, §2-318.)
2023 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-148 - Conservators; Title by Appointment.

Section 26-2A-148
Conservators; title by appointment.
(a) The appointment of a conservator vests in the conservator title as trustee to all property, or to the part thereof specified in the order, of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person. Appointment of a conservator does not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers to Minors Act, or a valid durable power of attorney, except on order of the court. An order specifying that only a part of the property of the protected person vests in the conservator creates a limited conservatorship.
(b) Except as otherwise permitted herein, the interest of the protected person in property vested in a conservator by this section is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim for restitution or damages which, subject to presentation and allowance, may be satisfied as provided in Section 26-2A-156.
(Acts 1987, No. 87-590, p. 975, §2-319.)
2023 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-149 - Recording of Conservator's Letters.

Section 26-2A-149
Recording of conservator's letters.
(a) Except for property unaffected by the appointment of a conservator specified in Section 26-2A-148(a), letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subject to the conservatorship from the conservator to the protected person, or to successors of the person.
(b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person. For the filing and recordation of letters of conservatorship and orders terminating conservatorships, the probate judge shall receive the same compensation (fees of registration) therefor as for recording deeds to land, but no tax levied upon the recordation of mortgages, deeds, and instruments of like character shall be levied upon or collected.
(Acts 1987, No. 87-590, p. 975, §2-320.)
2023 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-150 - Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions.

Section 26-2A-150
Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
Any sale or encumbrance to or purchase from a conservator, the spouse, agent, attorney of a conservator, any person related to the conservator by blood or marriage within the fourth degree, or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator which is affected by a substantial conflict between fiduciary and personal interests is voidable unless the transaction is approved by the court after notice as directed by the court.
(Acts 1987, No. 87-590, p. 975, §2-321.)
2023 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-151 - Persons Dealing With Conservators; Protection.

Section 26-2A-151
Persons dealing with conservators; protection.
(a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in Section 26-2A-136 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in Section 26-2A-154 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.
(b) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial transactions or to simplify transfers of securities by fiduciaries.
(Acts 1987, No. 87-590, p. 975, §2-322.)
2023 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-154 - Enlargement or Limitation of Powers of Conservator.

Section 26-2A-154
Enlargement or limitation of powers of conservator.
Subject to the restrictions in Section 26-2A-136(c), a court having equity jurisdiction may confer on a conservator at the time of appointment or later, in addition to the powers conferred by Sections 26-2A-152 and 26-2A-153, any power that the court itself could exercise under Sections 26-2A-136(b)(2) and 26-2A-136(b)(3). The court, at the time of appointment or later, may limit the powers of a conservator otherwise conferred by Sections 26-2A-152 and 26-2A-153 or previously conferred by the court and may at any time remove or modify any limitation. If the court limits any power conferred on the conservator by Section 26-2A-152 or Section 26-2A-153, or specifies, as provided in Section 26-2A-148(a), that title to some but not all assets of the protected person vests in the conservator, the limitation or specification of assets subject to the conservatorship must be endorsed upon the letters of appointment.
(Acts 1987, No. 87-590, p. 975, §2-325.)
2023 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-155 - Preservation of Estate Plan; Right to Examine.

Section 26-2A-155
Preservation of estate plan; right to examine.
In (i) investing the estate, (ii) selecting assets of the estate for distribution under subsections (a) and (b) of Section 26-2A-153, and (iii) utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any estate plan of the protected person known to them, including a will, any revocable trust of which the person is settlor, and any contract, transfer, or joint ownership arrangement originated by the protected person with provisions for payment or transfer of benefits or interests at the person's death to another or others. The conservator may examine the will of the protected person.
(Acts 1987, No. 87-590, p. 975, §2-326.)
2023 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-157 - Personal Liability of Conservator.

Section 26-2A-157
Personal liability of conservator.
(a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.
(b) The conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally at fault.
(c) Claims based on (i) contracts entered into by a conservator in fiduciary capacity, (ii) obligations arising from ownership or control of the estate, or (iii) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in fiduciary capacity, whether or not the conservator is personally liable therefor.
(d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.
(Acts 1987, No. 87-590, p. 975, §2-328.)
2023 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-158 - Termination of Proceedings.

Section 26-2A-158
Termination of proceedings.
(a) The protected person, conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. If the conservator has accounted to the formerly protected person, no accounting is necessary. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, shall terminate the conservatorship. Upon termination, title to assets of the estate passes to the formerly protected person or to successors. The order of termination must provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer.
(b) A conservator appointed by any court of this state, on termination or removal of the protected person's minority or disability, may present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between the conservator and the protected person. If the consent settlement is agreed to by the protected person in a written instrument signed by the protected person and acknowledged as conveyances of real estate are acknowledged, the court may approve the settlement without notice. The agreement of the protected person may be expressed by joining in the petition with the conservator or by a separate written instrument. Any final settlement so approved by the court shall have the same force and effect as settlements made in compliance with subsection (a).
(Acts 1987, No. 87-590, p. 975, §2-329.)
2023 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-159 - Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings.

Section 26-2A-159
Payment of debt and delivery of property to foreign conservator without local proceedings.
(a) Any person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person upon being presented with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:
(1) That no protective proceeding relating to the protected person is pending in this state; and
(2) That the foreign fiduciary is entitled to payment or to receive delivery.
(b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
(Acts 1987, No. 87-590, p. 975, §2-330.)
2023 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-160 - Foreign Conservator; Proof of Authority; Bond; Powers.

Section 26-2A-160
Foreign conservator; proof of authority; bond; powers.
If a conservator has not been appointed in this state and no petition in a protective proceeding is pending in this state, a conservator appointed in the state in which the protected person resides may file in a court of this state in a [county] in which property belonging to the protected person is located, authenticated copies of letters of appointment and of any bond. Thereafter, the domiciliary foreign conservator may exercise as to assets in this state all powers of a conservator appointed in this state and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
(Acts 1987, No. 87-590, p. 975, §2-331.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 1 - General Provisions. › Section 26-2B-101 - Short Title.

Section 26-2B-101
Short title.
This chapter may be cited as the Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 1 - General Provisions. › Section 26-2B-102 - Definitions.

Section 26-2B-102
Definitions.
In this chapter, the following terms shall have the following meanings:
(1) ADULT. An individual who has attained 19 years of age or who by statute has otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of another state.
(2) CONSERVATOR. A person appointed by the court to administer the property of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship and Protective Proceedings Act.
(3) COURT. A probate court of this state and includes an appropriate court of another state.
(4) GUARDIAN. A person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship and Protective Proceedings Act.
(5) GUARDIANSHIP. An order appointing a guardian.
(6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(7) INCAPACITATED PERSON. An adult for whom a guardian has been appointed.
(8) PARTY. The respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(9) PERSON. Except as used in the term incapacitated person or protected person, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) PROTECTED PERSON. An adult for whom a protective order has been issued.
(11) PROTECTIVE ORDER. An order appointing a conservator or other order related to management of an adult's property.
(12) PROTECTIVE PROCEEDING. A judicial proceeding in which a protective order is sought or has been issued.
(13) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(14) RESPONDENT. An adult for whom a protective order or the appointment of a guardian is sought.
(15) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 1 - General Provisions. › Section 26-2B-103 - International Application of Act.

Section 26-2B-103
International application of act.
(a) A court of this state, by written order, may treat a foreign country as if it were a state of the United States for the purpose of applying this article and Articles 2, 3, and 5.
(b) Except as otherwise provided in subsection (c), a guardianship or conservatorship determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under Article 3.
(c) A court of this state need not apply this chapter if the guardianship or conservatorship law of a foreign country violates fundamental principles of human rights.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 1 - General Provisions. › Section 26-2B-104 - Communication Between Courts.

Section 26-2B-104
Communication between courts.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication.
(b) If the parties are not allowed to participate in the communication, the court shall give all parties the opportunity to present facts and legal arguments before the court issues an order establishing jurisdiction.
(c) Except as otherwise provided in subsection (d), the court shall make a record of any communication under this section and promptly inform the parties of the communication and grant them access to the record.
(d) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 1 - General Provisions. › Section 26-2B-105 - Cooperation Between Courts.

Section 26-2B-105
Cooperation between courts.
(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing.
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.
(3) Order that an evaluation or assessment be made of the respondent.
(4) Order any appropriate investigation of a person involved in a proceeding.
(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4).
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 1 - General Provisions. › Section 26-2B-106 - Taking Testimony in Another State.

Section 26-2B-106
Taking testimony in another state.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence solely on an objection based on the means of transmission.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-201 - Definitions; Significant Connection Factors.

Section 26-2B-201
Definitions; significant connection factors.
(a) In this article, the following terms shall have the following meanings:
(1) EMERGENCY. A circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(2) HOME STATE. The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(3) SIGNIFICANT-CONNECTION STATE. A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under Section 26-2B-203 and subsection (e) of Section 26-2B-301 whether a respondent has a significant connection with a particular state, the court shall consider:
(1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent's property; and
(4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-202 - Exclusive Basis.

Section 26-2B-202
Exclusive basis.
This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-203 - Jurisdiction.

Section 26-2B-203
Jurisdiction.
(a) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and:
(A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and before the court makes the appointment or issues the order:
(i) a petition for an appointment or order is not filed in the respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in Section 26-2B-206;
(3) this state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under Section 26-2B-204 are met.
(b) When the jurisdiction of a court of this state is contested under this article, such guardianship or protective proceeding may be removed to circuit court by the court's own motion or in accordance with Section 26-2-2.
(c) Nothing in this section is intended to limit the jurisdiction of those Alabama probate courts which have been granted equity jurisdiction.
(d) Nothing in this section shall be construed as extending the provisions of this chapter to proceedings brought pursuant to Sections 30-5-1, et seq., the Protection from Abuse Act or Sections 38-9-1, et seq., the Adult Protective Services Act.
(Act 2010-500, p. 782, §1.)