26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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19-3B-411
Section 19-3B-411 Modification or termination of noncharitable irrevocable trust by consent.
(a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the
modification or termination of an irrevocable trust, the court shall enter an order approving
the modification or termination even if the modification or termination is inconsistent with
a material purpose of the trust. A settlor's power to consent to a trust's modification or
termination may be exercised by an agent under a power of attorney only to the extent expressly
authorized by the power of attorney or the terms of the trust; by the settlor's conservator
with the approval of the court supervising the conservatorship if an agent is not so authorized;
or by the settlor's guardian with the approval of the court supervising the guardianship if
an agent is not so authorized and a conservator has not been appointed. (b) A noncharitable
irrevocable trust may be terminated upon consent of all of the...
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26-10A-25
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation
has been completed and approved or the investigation has been waived for good cause shown,
the petition for adoption shall be set for a dispositional hearing as soon as possible or
no later than 90 days after the filing of the petition. When there has not been a pre-placement
investigation or the investigation has not been waived for good cause shown or when the adoptee
is a special needs child, the petition for adoption shall be set for a dispositional hearing
as soon as possible or no later than 120 days after the filing of the petition. Upon good
cause shown, the court may extend the time for the dispositional hearing and entry of the
final decree. (b) At the dispositional hearing, the court shall grant a final decree of adoption
if it finds on clear and convincing evidence that: (1) The adoptee has been in the actual
physical custody of the petitioners for a period of 60 days, unless for...
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26-2A-110
Section 26-2A-110 Removal or resignation of guardian; termination of incapacity. (a) On petition
of the ward or any person interested in the ward's welfare, or on its own motion, the court,
after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition
of the guardian, the court, after hearing, may accept a resignation. (b) An order adjudicating
incapacity may specify a minimum period, not exceeding one year, during which a petition for
an adjudication that the ward is no longer incapacitated may not be filed without special
leave. Subject to that restriction, the ward or any person interested in the welfare of the
ward may petition for an order that the ward is no longer incapacitated and for termination
of the guardianship. A request for an order may also be made informally to the court and any
person who knowingly interferes with transmission of the request may be adjudged guilty of
contempt of court. (c) Upon removal, resignation, or death of the...
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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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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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15-20A-19
violent offender. (2) The person commits a sexually violent offense and is likely to engage
in one or more sexually violent offenses in the future. (c) A person is a repeat sexually
violent offender for the purposes of this section if the person is convicted of more than
one sexually violent offense. (d) For the purposes of this section, a sexually violent offense
is any of the following: (1) A sex offense committed by forcible compulsion, violence, duress,
menace, fear of immediate bodily injury to the victim or another person, or threatening
to retaliate in the future against the victim or any other person. (2) A sex offense involving
a child. (3) Any sex offense involving the enticement or solicitation of a minor for sexual
purposes. (4) Any sex offense that is predatory in nature. (5) Any solicitation, attempt,
or conspiracy to commit any of the offenses listed in subdivisions (1) to (4), inclusive.
(6) Any other offense for which the court makes a specific finding on the record...
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26-2A-107
Section 26-2A-107 Emergency orders; temporary guardians. (a) If an incapacitated person has
no guardian, an emergency exists, and no other person appears to have authority to act in
the circumstances, on appropriate petition the court, without notice, may appoint a temporary
guardian whose authority may not extend beyond 30 days and who may exercise those powers granted
in the order. (b) If the appointed guardian is not effectively performing duties and the court
further finds that the welfare of the incapacitated person requires immediate action, it may
appoint, with or without notice, a temporary guardian for the incapacitated person having
the powers of a general guardian for a specified period not to exceed six months. The authority
of any permanent guardian previously appointed by the court is suspended as long as a temporary
guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary
guardian shall make any report and comply with any conditions...
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26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990,
No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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