(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.
Structure Code of Alabama
Title 26 - Infants and Incompetents.
Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.
Article 2 - Protection of Persons Under Disability and Their Property.
Division 3 - Protection of Property of Persons Under Disability and Minors.
Section 26-2A-130 - Protective Proceedings.
Section 26-2A-131 - Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons.
Section 26-2A-133 - Original Petition for Appointment or Protective Order.
Section 26-2A-135 - Procedure Concerning Hearing and Order on Original Petition.
Section 26-2A-136 - Permissible Court Orders.
Section 26-2A-137 - Protective Arrangements and Single Transactions Authorized.
Section 26-2A-138 - Who May Be Appointed Conservator; Priorities.
Section 26-2A-140 - Terms and Requirements of Bonds.
Section 26-2A-141 - Effect of Acceptance of Appointment.
Section 26-2A-142 - Compensation; Reimbursement; Court Costs.
Section 26-2A-143 - Death, Resignation, or Removal of Conservator.
Section 26-2A-144 - Petitions for Orders Subsequent to Appointment.
Section 26-2A-145 - Conservator's Standard of Care and Performance.
Section 26-2A-146 - Inventory and Records.
Section 26-2A-148 - Conservators; Title by Appointment.
Section 26-2A-149 - Recording of Conservator's Letters.
Section 26-2A-151 - Persons Dealing With Conservators; Protection.
Section 26-2A-152 - Powers of Conservator in Administration.
Section 26-2A-153 - Distributive Duties and Powers of Conservator.
Section 26-2A-154 - Enlargement or Limitation of Powers of Conservator.
Section 26-2A-155 - Preservation of Estate Plan; Right to Examine.
Section 26-2A-156 - Claims Against Protected Person; Enforcement.
Section 26-2A-157 - Personal Liability of Conservator.
Section 26-2A-158 - Termination of Proceedings.
Section 26-2A-160 - Foreign Conservator; Proof of Authority; Bond; Powers.