Alabama § 26-1A-108 Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary

Alabama Statutes

§ 26-1A-108 — Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary

Alabama § 26-1A-108

Title 26Infants and Incompetents

Ch. 1AAlabama Uniform Power of Attorney Act

Art. 1General Provisions

This text of Alabama § 26-1A-108 (Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 26-1A-108 (2026).

Text

(a)In a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court, if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination.

(b)If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the agent is accountable to the fiduciary as well as to the principal. In such event, the fiduciary has the sam

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(a) In a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court, if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the agent is accountable to the fiduciary as well as to the principal. In such event, the fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she was not disabled, incompetent, or incapacitated.