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26-2A-144
Section 26-2A-144 Petitions for orders subsequent to appointment. (a) Any person interested
in the welfare of a person for whom a conservator has been appointed, any person interested
in the proper administration of the estate, or the court on its own motion, may file a petition
in the appointing court or the court to which the conservatorship has been transferred for
an order: (1) Requiring bond or collateral or additional bond or collateral, or reducing bond;
(2) Requiring an accounting for the administration of the trust; (3) Directing distribution;
(4) Removing the conservator and appointing a temporary or successor conservator; or (5) Granting
other appropriate relief. (b) A conservator may petition the appointing court or the court
to which the conservatorship has been transferred for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate
order. (d) If, on the hearing, it should appear...
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26-10A-10
Section 26-10A-10 Persons whose consents or relinquishments are not required. Notwithstanding
the provisions of Section 26-10A-7, the consent or relinquishment of the following persons
shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee
have been terminated by operation of law in accordance with the Alabama Child Protection Act,
Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant
to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing
and whose mental disability is likely to continue for so long a period that it would be detrimental
to the adoptee to delay adoption until restoration of the parent's competency or capacity.
The court must appoint independent counsel or a guardian ad litem for an incompetent parent
for whom there has been no such prior appointment; (3) A parent who has relinquished his or
her minor child to the Department of Human Resources or a...
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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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43-2-296
Section 43-2-296 Trial. On the day specified in the citation, or after publication as required,
or on any day thereafter to which the hearing may be continued, the court must proceed to
hear the evidence, and may, in its discretion, examine the parties; and when the application
charges embezzlement, waste or any other maladministration of the estate, either party is
entitled to a trial by jury. (Code 1852, §§1703, 1704; Code 1867, §§2024, 2025; Code 1876,
§§2393, 2394; Code 1886, §2050; Code 1896, §97; Code 1907, §2571; Code 1923, §5794;
Code 1940, T. 61, §184.)...
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11-70-5
Section 11-70-5 Notice of hearing. (a) Not less than 30 days before the date on which the hearing
on the quiet title and foreclosure petition is scheduled, the municipality shall do both of
the following: (1) Send a notice of the hearing to the interested parties identified under
subsection (b) of Section 11-70-2 for each parcel named in the petition by both certified
mail, return receipt requested, and regular mail. (2) Post conspicuously on each property
named in the petition notice of the hearing, which includes the following statement: "THIS
PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET
TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY
ARE REQUESTED TO CONTACT [NAME OF MUNICIPALITY]." (b) Notices provided to the interested
parties under this section shall include all of the following: (1) The date on which the municipality
recorded in probate court its notice of the pending expedited quiet...
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11-70A-5
Section 11-70A-5 Notice of hearing. (a) Not less than 30 days before the date on which the
hearing on the quiet title and foreclosure petition is scheduled, the municipality shall do
both of the following: (1) Send a notice of the hearing to the interested parties identified
under subsection (b) of Section 11-70A-2 for each parcel named in the petition by both certified
mail, return receipt requested, and regular mail. (2) Post conspicuously on each property
named in the petition notice of the hearing which includes the following statement: "THIS
PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET
TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY
ARE REQUESTED TO CONTACT [THE MUNICIPALITY]." (b) Notices provided to the interested
parties under this section shall include all of the following: (1) The date on which the municipality
recorded in probate court its notice of the pending expedited quiet...
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11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court. At
the time and place designated in said order, the judge of said circuit court shall proceed
to hear and determine all questions of law and of fact in said civil action, and he shall
make such orders as to the proceedings in said civil action and adjournments as will best
conserve the interests of all parties and enable him to enter a final judgment with the least
possible delay. The final judgment shall find the facts specially and shall state separately
the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision
may appear in such proceedings either personally or by attorney, and any party thereto, whether
petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal
therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
Such appeal shall take priority in the Supreme Court over all...
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing of
a petition alleging that a child is delinquent, dependent, or in need of supervision, or after
the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201,
who is at imminent risk of being placed in the legal or physical custody of the Department
of Human Resources, the juvenile court shall refer the case to the county team. This referral
may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing
or prior to disposition to review the findings and...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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33-5A-7
Section 33-5A-7 Right to contest sale. (a) The current owners, registrants, secured parties,
and lienholders of record of a vessel may contest the sale of a vessel by filing a notice
of appeal with the court that ordered the sale within two years of the sale of the vessel.
(b) The court shall conduct a hearing to determine whether proper notice was provided pursuant
to this chapter. The vessel may not be sold pending the decision of the court. (c) If the
court determines that proper notice was issued, the vessel may be sold. (d) Notwithstanding
any other provision in this chapter, if the court determines that proper notice was not provided
pursuant to this chapter, the sale of the vessel shall be void and the current owners, registrants,
secured parties, and lienholders of record shall retain their ownership, security interests,
liens, and interests in the vessel. (Act 2018-179, §7.)...
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