19-3B-305
Section 19-3B-305 Appointment of representative. (a) If the court determines that an interest
is not represented under this article, or that the otherwise available representation might
be inadequate, then the court may appoint a guardian ad litem or other representative to receive
notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated,
or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad
litem or other representative may act on behalf of the individual represented with respect
to any matter arising under this chapter, whether or not a judicial proceeding concerning
the trust is pending. (c) In making decisions, a guardian ad litem or other representative
may consider general benefit accruing to the living members of the individual's family. (d)
A guardian ad litem or other representative may be appointed to represent several persons
or interests. (Act 2006-216, p. 314, §1.)...
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26-17-612
Section 26-17-612 Child as party; representation. (a) A minor child is a permissible party,
but is not a necessary party to a proceeding under this article. (b) The court shall appoint
a guardian ad litem to represent a minor or incapacitated child if the child is a party or
the court finds that the interests of the child are not adequately represented. (c) The court
shall appoint a guardian ad litem to represent a defendant who is a minor and who is not otherwise
represented by counsel. (Act 2008-376, p. 666, §2.)...
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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed
guardian of an incapacitated person. (b) Unless lack of qualification or other good cause
dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated
person's most recent nomination in a durable power of attorney. (c) Except as provided in
subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse
or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person; (3) A parent of the incapacitated person,
or a person nominated by will of a deceased parent or by other writing signed by a parent
and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated
person with whom the person has resided for more than six months prior...
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26-2B-203
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...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
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38-9A-2
Section 38-9A-2 Individual and Family Support Program. (a) The Individual and Family Support
Program is created and shall be administered through a system of regional support councils
and their affiliated community councils and a state council. One regional support council
is created and incorporated as a private nonprofit corporation in each of the mental retardation
regions as defined by the Department of Mental Health. The regional support councils and their
affiliated community councils may receive and accept funds, real estate, and other items of
value from state agencies and other organizations, and enter into any necessary agreements
and contracts for the purposes of implementing this chapter. Councils may employ adequate
staff personnel including a state coordinator to implement the program. If staff personnel
are employed through a fiscal agent or other entity apart from the council, a memorandum of
understanding which defines the roles and responsibilities of the staff shall...
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43-8-165
Section 43-8-165 Notice to surviving spouse and next of kin - Minors. If any of the next of
kin are minors, such notice may be served as provided by the Alabama Rules of Civil Procedure;
and in addition to the service above provided for minors, the court must appoint a guardian
ad litem who is disinterested and who shall be an attorney-at-law and who does not represent
any party having an interest adverse to such minors; and notice shall issue to such guardian
ad litem. Such guardian shall accept service and agree to represent the minors in the proof
and probate of the will, and if he fail to accept service and agree to appear for the minors
within 10 days after service, the court appoint another guardian ad litem, upon whom notice
must be served, and he must agree to accept service and represent the minors as is provided
in the first instance, and the will must not be probated until a guardian ad litem has agreed
to accept the appointment and to represent the minors in the proof and...
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22-50-2.1
Section 22-50-2.1 Department - Name changed; transition period. (a) All rights, duties, property,
real or personal, and all other effects existing in names of the Department of Mental Health
and Mental Retardation, or in any other name by which the department has been known, shall
continue in the name of the Department of Mental Health. Any existing or future reference
to the Department of Mental Health and Mental Retardation, or any other name by which the
department has been known, in any existing law, contract, or other instrument shall constitute
a reference to the Department of Mental Health. (b) The Advisory Board of Trustees for the
Department of Mental Health and Mental Retardation shall continue in existence as the Advisory
Board of Trustees of the Department of Mental Health. (c) A reasonable transition period for
the name change shall be allowed to permit an orderly and cost-effective transition relating
particularly to the use of equipment and supplies. All letterhead,...
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22-52-4
Section 22-52-4 Appointment of attorney and guardian ad litem for person sought to be committed;
statements, etc., of person in presence of judge, prior to obtaining services of attorney,
not to be considered by judge. (a) At the time when any petition has been filed seeking the
involuntary commitment of a respondent, the probate judge shall appoint a guardian ad litem
to represent and to protect the rights of the respondent, and shall determine if the respondent
has the funds with which to employ an attorney to represent the respondent and if the respondent
has the mental ability to secure the services of an attorney. If the respondent does not have
funds with which to employ an attorney or does not have the mental ability to secure the services
of an attorney, the probate judge shall appoint an attorney, who may be the same person as
the guardian ad litem, to represent the respondent. The probate judge shall immediately inform
the attorney so appointed of his appointment. (b) No...
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26-2A-75
Section 26-2A-75 Procedure for court-appointment of guardian of minor. (a) A minor or any person
interested in the welfare of the minor may petition for appointment of a guardian. (b) After
the filing of a petition, the court shall set a date for hearing, and the petitioner shall
give notice of the time and place of hearing the petition in the manner prescribed by Section
26-2A-50 to: (1) The minor, if 14 or more years of age and not the petitioner; (2) Any person
alleged to have had the principal care and custody of the minor during the 60 days preceding
the filing of the petition; and (3) Any living parent of the minor. (c) Upon hearing, if the
court finds that a suitable person seeks appointment, venue is proper, the required notices
have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and
best interest of the minor will be served by the requested appointment, it shall make the
appointment and issue letters. In other cases, the court may dismiss the...
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