15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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15-16-70
Section 15-16-70 Modification of release conditions or order to return for further treatment;
notice of hearing; standard for modifications and orders. If at any time it appears that the
defendant has failed to comply with the conditions of release, that the defendant's condition
has deteriorated to the point that inpatient care is required, or that the release conditions
should be modified, the court may, after a hearing, modify the release conditions or order
the defendant returned to the Department of Mental Health and Mental Retardation for further
treatment. All such hearings shall be preceded by notice to the department and to the parties
required to be notified in Section 15-16-63. All such modifications and orders shall be guided
by the standard of whether such modifications and orders are necessary to ensure that the
defendant does not pose a real and present threat of substantial harm to himself or to others.
(Acts 1988, No. 88-581, p. 906, §11.)...
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22-56-2
Section 22-56-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) CONSUMER. A person who receives or uses mental health services. (2) DEPARTMENT.
The Alabama Department of Mental Health. (3) FAMILY MEMBER. A person within the immediate
family or a legal guardian of a mental health consumer. (4) MENTAL HEALTH SERVICES. Services
designed to treat or deal with persons with mental illness. (5) MENTAL ILLNESS. A psychiatric
disorder of thought or mood, or both, which significantly impairs judgment, behavior, capacity
to recognize reality, or ability to cope with the ordinary demands of life. "Mental illness"
as used herein specifically excludes the primary diagnoses of epilepsy, intellectual disability,
substance abuse including alcoholism, or a developmental disability, or any combination thereof.
(6) PROGRAM. A program for providing mental health services. (7) PROVIDER. Any agency, corporation,
or individual who provides inpatient,...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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26-2-46
Section 26-2-46 Procedure where person alleged to be of unsound mind confined in hospital or
asylum. If the person alleged to be of unsound mind is a resident of the county and is at
the time of the application confined in a hospital or asylum within or without the state,
inquisition may be had and taken without notice to him or her , but, on the filing of the
application, the court must appoint a guardian ad litem to represent and defend for him or
her. It shall be the duty of such guardian by answer to put in issue the facts stated in the
application and to employ counsel at the expense of such person of unsound mind to appear
and defend him or her. (Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907,
§4351; Code 1923, §8109; Code 1940, T. 21, §15.)...
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26-2A-100
Section 26-2A-100 Appointment of guardian for incapacitated person by will or other writing.
(a) The parent of an unmarried incapacitated person may appoint by will, or other writing
signed by the parent and attested by at least two witnesses or acknowledged, a guardian of
the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated,
a parental appointment becomes effective when, after having given seven days' prior written
notice of intention to do so to the incapacitated person and to the person having the care
of the person or to the nearest adult relative residing in this state, the guardian files
acceptance of appointment in the court in which the will is probated, or in the case of a
nontestamentary nominating instrument, in the court at the place where the incapacitated person
resides or is present. If both parents are dead, an effective appointment by the parent who
died later has priority. (b) The spouse of a married incapacitated person...
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26-2A-113
Section 26-2A-113 Petition to compel visitation. (a) A relative may file a petition with the
court to compel visitation with a ward from whom he or she has been isolated. (b) The petition
shall be filed in the court having jurisdiction over the guardianship of the ward. (c) On
motion of either the petitioner or the guardian or the court, the petition shall be transferred
to the circuit court for the sole purpose of a determination of any relief under this division.
(d) The petition shall state all of the following information: (1) The condition of the ward's
physical and mental health, to the extent known by the petitioner. (2) The efforts to obtain
visitation with the ward. (3) The proposed visitation that is sought. (4) The deficit or deficits,
if any, in the ward's mental functions that are impaired and an identification of a link between
the deficit or deficits and the ward's inability to respond knowingly and intelligently to
queries about the requested visitation. (5) The names...
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26-2A-130
Section 26-2A-130 Protective proceedings. (a) Upon petition and after notice and hearing in
accordance with the provisions of this division, the court may appoint a conservator or make
any other protective order for cause as provided in this section. (b) Appointment of a conservator
or other protective order may be made in relation to the estate and affairs of a minor if
the court determines that a minor owns funds or property requiring management or protection
that cannot otherwise be provided or has or may have business affairs that may be jeopardized
or prevented by minority, or that funds are needed for health, support, education, or maintenance
and that protection is necessary or desirable to obtain or provide funds. (c) Appointment
of a conservator or other protective order may be made in relation to the estate and affairs
of a person if the court determines that (i) the person is unable to manage property and business
affairs effectively for such reasons as mental illness,...
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26-5-2
Section 26-5-2 Partial settlement - When required; filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. If not otherwise directed, the conservator must,
at least once in three years, file in the court of probate an account of his or her guardianship,
accompanied with the vouchers showing his or her receipts and disbursements, which must be
verified by affidavit. Upon the filing of such account and vouchers the court must appoint
a guardian ad litem to represent the ward. (Code 1852, §2022; Code 1867, §2421; Code 1876,
§2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940,
T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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