Davis, 083019 ALAGO, AGO 2019-53

Case DateAugust 30, 2019
CourtAlabama
Honorable Clayton Davis
AGO 2019-53
No. 2019-053
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
August 30, 2019
         Honorable Clayton Davis          President          Alabama Family Trust Board of Trustees          2820 Columbiana Road, Suite 103          Vestavia Hills, Alabama 35216          Alabama Family Trust - Beneficiaries - Funds - Independent Contractors – Employees, Employers, Employment          The Alabama Family Trust Board of Trustees has the discretion under section 38-9B-5(d)(1) of the Code of Alabama to use Charitable Trust funds to retain a case management company to work with beneficiaries who may need case management services.          Dear Mr. Davis:          This opinion of the Attorney General is issued in response to your request on behalf of the Alabama Family Trust.          QUESTION          Does the Alabama Family Trust Board have the discretion to use Charitable Trust funds to retain a case management company to work with beneficiaries who may need case management services?          FACTS AND ANALYSIS          The Alabama Family Trust ("AFT") and the Board of Trustees ("Board") are established pursuant to section 38-9B-1, et seq., of the Code of Alabama. Ala. Code §§ 38-9B-1 to 38-9B-7 (2012 & Supp. 2018). The Board is an instrumentality of the state. Ala. Code § 38-9B-4 (2012). The Board is directed to establish and administer the AFT Corporation as a nonprofit corporation that shall establish and administer the Alabama Family Trust ("AFT Trust") and the Alabama Family Charitable Trust ("AFT Charitable Trust"). Ala. Code § 38-9B-5 (Supp. 2018). The purpose of these entities is "to encourage, enhance, and foster the provision of medical, social, or other supplemental services for persons with a mental or physical impairment." Ala. Code § 38-9B-1(b) (2012).          The role of the AFT Charitable Trust is to provide funds for beneficiaries of the AFT who have depleted their trust assets or do not have enough funds for the purchase of needed...

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