26-2A-136
Section 26-2A-136 Permissible court orders. (a) The court shall exercise the authority conferred
in this division to encourage the development of maximum self-reliance and independence of
a protected person and make protective orders only to the extent necessitated by the protected
person's mental and adaptive limitations and other conditions warranting the procedure. (b)
The court has the following powers that may be exercised directly or through a conservator
in respect to the estate and business affairs of a protected person: (1) While a petition
for appointment of a conservator or other protective order is pending and after preliminary
hearing and without notice, the court may preserve and apply the property of the person to
be protected as may be required for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for an appointment or other protective
order exists with respect to a minor without other disability, the court has...
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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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26-9-17
Section 26-9-17 Compensation of guardian generally. Compensation payable to a guardian shall
not exceed five percent of the income of the ward during any year. In the event of extraordinary
services rendered by such guardian, the court may, upon petition and after hearing thereon,
authorize additional compensation therefor payable from the estate of the ward. Notice of
such petition and hearing shall be given the proper office of the administration in the manner
provided in Section 26-9-14. No compensation shall be allowed on the corpus of an estate received
from a preceding guardian. The guardian may be allowed from the estate of his or her ward
reasonable premiums paid by him or her to any corporate surety upon his or her bond. (Acts
1931, No. 240, p. 280; Code 1940, T. 21, §171.)...
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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support orders;
filing with clerk; service; hearing; issuance of order; contents; when order takes effect;
entry of support and withholding orders by different courts; termination of withholding. (a)
Section 8-5-21 to the contrary notwithstanding, and in addition to and independent of any
other remedy provided by law for the enforcement of support, the obligee, district attorney,
or representative of the Department of Human Resources may file with a court of this state,
as defined in this article, a petition seeking an order of income withholding. Additionally,
for all existing support orders issued in the State of Alabama that do not provide for income
withholding and upon the filing of an application for support services by the obligee with
the department, the department shall petition the court for an income withholding order pursuant
to this section. The obligee, district attorney, or representative of...
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35-5A-13
Section 35-5A-13 Powers and duties of custodian as to custodial property generally. (a) A custodian
shall: (1) Take control of custodial property; (2) Register or record title to custodial property
if appropriate; and (3) Collect, hold, manage, invest, and reinvest custodial property. (b)
In dealing with custodial property, a custodian shall observe the standard of care that would
be observed by a prudent person dealing with property of another and is not limited by any
other statute restricting investments by fiduciaries. If a custodian has a special skill or
expertise or is named custodian on the basis of representations of a special skill or expertise,
the custodian shall use that skill or expertise. However, a custodian, in the custodian's
discretion and without liability to the minor or the minor's estate, may retain any custodial
property received from a transferor. (c) A custodian may invest in or pay premiums on life
insurance or endowment policies on (1) the life of the minor...
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45-37A-51.139
Section 45-37A-51.139 Appeal of decisions of the board. (a) Any decision of the board denying
a benefit claimed may be subject to review by the circuit court, in the manner and subject
to the limitations herein provided. An employee may secure a review of a decision of the board
by mandamus proceedings in the circuit court, which proceedings the employee shall institute,
in the court by filing therein a petition for mandamus. The petition may designate the board
as respondent or the members thereof as respondents. Each respondent shall be served with
process, unless the respondent or his or her or its attorney accepts service. The petition
for mandamus shall be barred if it is not filed within 90 days from the date whereon the board
of managers makes its final decision on the benefit claimed, provided written notice of such
final decision of the board shall be given by certified or registered mail, postage prepaid,
and properly addressed, to the claimant or his or her attorney within...
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6-5-574
Section 6-5-574 Limitation on time for commencement of legal service liability action. (a)
All legal service liability actions against a legal service provider must be commenced within
two years after the act or omission or failure giving rise to the claim, and not afterwards;
provided, that if the cause of action is not discovered and could not reasonably have been
discovered within such period, then the action may be commenced within six months from the
date of such discovery or the date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; provided, further, that in no event may the action be commenced
more than four years after such act or omission or failure; except, that an act or omission
or failure giving rise to a claim which occurred before August 1, 1987, shall not in any event
be barred until the expiration of one year from such date. (b) Subsection (a) of this section
shall be subject to all existing provisions of law relating to the...
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12-12-2
Section 12-12-2 District court a court of record; preparation, maintenance, etc., of records
of proceedings generally; employment of reporters or provision for transcripts of proceedings
by parties. (a) The district court shall be a court of record. (b) Records of proceedings
shall be made, maintained and preserved according to rules promulgated by the supreme court,
but neither reports nor transcripts of proceedings shall be required, except as provided by
law or rule. (c) Any party may employ a reporter or provide for a transcript of the proceedings
on his own account. (Acts 1975, No. 1205, p. 2384, §4-110.)...
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12-14-50
Section 12-14-50 Municipal court administrative agency authorized; powers and duties thereof;
persons deemed officials of agency; judicial powers thereof generally. The municipal court
may have under its supervision a municipal court administrative agency empowered to provide
expeditious service in connection with administrative adjudication of ordinance violations,
the handling of uniform traffic tickets and complaints, the issuance of arrest warrants and
other powers provided by law. The personnel designated by the judge or judges of the municipal
court for the accounting of uniform traffic tickets or complaints and magistrates shall be
considered as officials of such administrative agency. Such officials shall be vested with
judicial power reasonably incident to the accomplishment of the purposes and responsibilities
of the administrative agency. (Acts 1975, No. 1205, p. 2384, §8-110.)...
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12-17-140
Section 12-17-140 Qualifications for supernumerary status generally; applicability of division;
eligibility of clerk or register of circuit court with 23 years of service. (a) Any clerk
or register of the circuit court, serving on October 1, 1976, or clerk elected or appointed
in any county of the State of Alabama: (1) Who has served as much as five years as a circuit
clerk or register and who has become permanently, physically or mentally unable to carry out
the duties of the office on a full-time basis, proof of such disability being made by a certificate
of three reputable physicians; (2) Who has served for 12 years as a circuit clerk or register
and has reached or passed the age of 65 years; (3) Who has served for 15 years as circuit
clerk or register and who is not less than 62 years of age; or who has served as such for
more than 15 years and has attained the age of 62, less one year for each year of service
in excess of 15; (4) Who has served continuously for 10 years as circuit...
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