(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.
Structure Code of Alabama
Title 26 - Infants and Incompetents.
Chapter 1A - Alabama Uniform Power of Attorney.
Article 1 - General Provisions.
Section 26-1A-101 - Short Title.
Section 26-1A-102 - Definitions.
Section 26-1A-103 - Applicability.
Section 26-1A-104 - Power of Attorney Is Durable.
Section 26-1A-105 - Execution of Power of Attorney.
Section 26-1A-106 - Validity of Power of Attorney.
Section 26-1A-107 - Meaning and Effect of Power of Attorney.
Section 26-1A-109 - When Power of Attorney Effective.
Section 26-1A-110 - Termination of Power of Attorney or Agent's Authority.
Section 26-1A-111 - Co-Agents and Successor Agents.
Section 26-1A-112 - Reimbursement and Compensation of Agent.
Section 26-1A-113 - Agent's Acceptance.
Section 26-1A-114 - Agent's Duties.
Section 26-1A-115 - Exoneration of Agent.
Section 26-1A-116 - Judicial Relief.
Section 26-1A-117 - Agent's Liability to the Principal.
Section 26-1A-118 - Agent's Resignation; Notice.
Section 26-1A-119 - Acceptance of and Reliance Upon Acknowledged Power of Attorney.
Section 26-1A-120 - Liability for Refusal to Accept Acknowledged Power of Attorney.
Section 26-1A-121 - Principles of Law and Equity.
Section 26-1A-122 - Laws Applicable to Financial Institutions and Entities.