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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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45-5-120
Section 45-5-120 Merit system; board; violations. (a) This section shall apply
only in Blount County, Alabama. (b) As used in this section, unless the context clearly
requires a different meaning: (1) "County" means Blount County; (2) "Municipality"
means any municipality in Blount County; (3) "Employee" means any person, including
law enforcement officers, not excepted by subsection (c), who is employed in the service of
Blount County or any municipality of Blount County or any board, agency, or instrumentality
thereof; (4) "Merit employee" means any such employee who shall have completed one
year of probationary employment; (5) "Board" means the merit system board created
by this section; (6) "Appointment authority" means in the case of employees
in the offices of the elected officials of the county or of a municipality, such elected officials,
and means, in the case of all other county or municipal employees, the county or municipal
governing body, or the board or other agency...
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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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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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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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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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26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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12-11-41
Section 12-11-41 Removal of administration of estates from probate court. The administration
of any estate may be removed from the probate court to the circuit court at any time before
a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator
or administrator with the will annexed of any such estate, without assigning any special equity;
and an order of removal must be made by the court, upon the filing of a sworn petition by
any such heir, devisee, legatee, distributee, executor, administrator or administrator with
the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee,
distributee, executor, administrator or administrator with the will annexed and that, in the
opinion of the petitioner, such estate can be better administered in the circuit court than
in the probate court. (Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)...
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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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26-8-44
Section 26-8-44 Removal of property or money when minor or ward and conservator nonresidents
- Authorization generally. When the conservator and the minor or ward are both nonresidents
and the minor or ward is entitled to any property in this state or is or will be entitled
to any money from any estate, the administration of which is pending in this state, whether
such estate shall or shall not have been finally settled, and the money or property may be
removed to another state without conflict with any restriction or limitation thereupon and
without impairing the right of the minor or ward thereto, such money and property may be received
and removed to the state of the residence of the minor or ward upon application of the conservator
to the judge of probate of the county in which the property of the minor or ward or the principal
part thereof may be or in which such administration may be pending in the manner following.
(Code 1852, §2032; Code 1867, §2442; Code 1876, §2797; Code...
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