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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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12-13-42
Section 12-13-42 Furnishing to veterans administration of copies of decrees upon settlement
by guardians of beneficiaries of administration; payment of fees therefor. At the time of
settlement, either partial or final, by a guardian of a beneficiary of the United States Veterans
Administration and upon request of counsel of such agency, it shall be the duty of the probate
judge in whose court the settlement is had and passed to furnish to the United States Veterans
Administration a certified copy of the decree of the said court on the guardian's settlement
without cost to said United States Veterans Administration. For furnishing such certified
copy the probate judge is authorized to collect from the guardian the fee now allowed by law
for furnishing a copy of such decree on settlement by a guardian. (Acts 1927, No. 91, p. 70;
Code 1940, T. 13, §284; Acts 1951, No. 32, p. 242.)...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-15-321
Section 12-15-321 Periodic review of efforts to achieve adoption of child in custody of another
after parental rights terminated. Where the juvenile court has terminated the parental rights
and has placed legal custody of the child with the Department of Human Resources or with a
public or private licensed child-placing agency, the juvenile court, at least annually, shall
review the circumstances of the child to determine what efforts have been made to achieve
permanency for the child. (Acts 1984, No. 84-261, p. 442, §9; §26-18-9; amended and renumbered
by Act 2008-277, p. 441, §19.)...
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15-14-56
Section 15-14-56 Designation of representative when victim unable to attend. (a) Whenever a
victim is unable to attend such trial or hearing or any portion thereof by reason of death;
disability; hardship; incapacity; physical, mental, or emotional condition; age; or other
inability, the victim, the victim's guardian or the victim's family may select a representative
who shall be entitled to exercise any right granted to the victim, pursuant to the provisions
of this article. (b) Provided, however, in the event of a dispute, the court in its discretion
may designate such representative. (Acts 1983, No. 83-622, p. 971, §7.)...
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22-6-150
Section 22-6-150 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) ALTERNATE CARE PROVIDER. A contractor, other than a regional care
organization, that agrees to provide a comprehensive package of Medicaid benefits to Medicaid
beneficiaries in a defined region of the state pursuant to a risk contract. (2) CAPITATION
PAYMENT. A payment the state Medicaid Agency makes periodically to a contractor on behalf
of each recipient enrolled under a contract for the provision of medical services. (3) CARE
DELIVERY SYSTEM. The manner in which the benefits and services set forth in the state Medicaid
plan are provided to Medicaid beneficiaries. (4) COLLABORATOR. A private health carrier, third
party purchaser, provider, health care center, health care facility, state and local governmental
entity, or other public payers, corporations, individuals, and consumers who are expecting
to collectively cooperate, negotiate, or contract with another...
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35-6A-10
Section 35-6A-10 Methods of sale. (a) If the court orders a sale of heirs property, the court
shall order that the sale be conducted by one or more of the following methods of sale: Open
market sale with or without a broker or brokers; by sealed bids; public auction; or private
sale. The court shall choose a method which shall be more economically advantageous and in
the best interest of the cotenants as a group. (b) If the court orders an open market sale
with or without a broker and the parties, not later than 10 days after the entry of the order,
agree on a real estate broker or brokers licensed in this state to offer the property for
sale, the court shall appoint the broker or brokers and establish terms of the listing agreement.
If the parties do not agree on a broker or brokers, the court shall appoint a disinterested
real estate broker licensed in this state to offer the property for sale and shall establish
reasonable terms. The broker or brokers shall offer the property for...
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5-24-5
Section 5-24-5 Designation of agent. (a) By a signed writing, a party may designate one or
more persons other than a party as his or her agent on an account. Unless the terms of the
agency designation provide otherwise, the agency designation may be revoked or amended only
by the party making the designation or by a guardian, conservator, or other fiduciary appointed
by a court of the party's domicile and charged with the management of the account. (b) Unless
the terms of an agency designation provide otherwise, the agent's authority survives disability,
incompetency, and incapacity of the party making the agency designation. The agent may act
for a disabled, incompetent, or incapacitated party until the authority of the agent is revoked.
(c) Death of the party making the agency designation terminates the authority of an agent.
(Acts 1997, No. 97-644, p. 1177, §1.)...
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6-4-21
Section 6-4-21 Where no other provision for service of nonresident minors or insane persons.
Should there be no other provision by law or rule for service upon nonresident minors or insane
persons and proof is made before the clerk, register, or judge of the court in which the proceeding
is pending, he may direct in writing the mode of service or may appoint in writing a guardian
ad litem for such person without service. (Code 1923, §9449; Code 1940, T. 7, §339.)...
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10A-2-14.32
Section 10A-2-14.32 Receivership or custodianship. REPEALED IN THE 2019 REGULAR SESSION BY
ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A court
in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers
to wind up and liquidate, or one or more custodians to manage the business and affairs of
the corporation. The court shall hold a hearing, after notifying all parties to the proceeding
and any interested persons designated by the court, before appointing a receiver or custodian.
The court appointing a receiver or custodian has exclusive jurisdiction over the corporation
and all of its property wherever located. (b) The court may appoint an individual, domestic
or foreign corporation, authorized to transact business in this state, or other entity as
receiver or custodian. The court may require the receiver or custodian to post bond, with
or without sureties, in an amount the court directs. (c) The court shall...
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