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26-5-12
Section 26-5-12 Final consent settlement between conservator and ward. A conservator
appointed by any court of this state for a minor or incapacitated person may, on the arrival
of his or her ward at full age or on termination of the ward's incapacity or on removal of
his or her ward's disabilities of nonage by a court of competent jurisdiction or, if the ward
is married and has attained the age of 18 years, or if the ward has died, present a verified
petition to the court in which the conservatorship is pending, praying for a final consent
settlement by and between him or her and his or her ward, or the ward's personal representative,
if the ward has died. If such consent settlement is agreed to by the ward, or the ward's personal
representative, if the ward has died, by a written instrument, signed by him or her and acknowledged
as conveyances of real estate are acknowledged, the court may approve such settlement without
notice or publication or posting. The agreement of the ward, or...
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26-2A-113
Section 26-2A-113 Petition to compel visitation. (a) A relative may file a petition
with the court to compel visitation with a ward from whom he or she has been isolated. (b)
The petition shall be filed in the court having jurisdiction over the guardianship of the
ward. (c) On motion of either the petitioner or the guardian or the court, the petition shall
be transferred to the circuit court for the sole purpose of a determination of any relief
under this division. (d) The petition shall state all of the following information: (1) The
condition of the ward's physical and mental health, to the extent known by the petitioner.
(2) The efforts to obtain visitation with the ward. (3) The proposed visitation that is sought.
(4) The deficit or deficits, if any, in the ward's mental functions that are impaired and
an identification of a link between the deficit or deficits and the ward's inability to respond
knowingly and intelligently to queries about the requested visitation. (5) The names...
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26-2A-81
Section 26-2A-81 Resignation, removal, and other post-appointment proceedings. (a) Any
person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition
for removal of a guardian on the ground that removal would be in the best interest of the
ward or for any other order that is in the best interest of the ward. A guardian may petition
for permission to resign. A petition for removal or for permission to resign may, but need
not, include a request for appointment of a successor guardian. (b) Notice of hearing on a
petition for an order subsequent to appointment of a guardian must be given, as prescribed
in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by
the court. (c) After notice and hearing on a petition for removal or for permission to resign,
the court may terminate the guardianship and make any further order that may be appropriate.
(d) If the court determines at any time in the proceeding that the interest of the ward...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to
make settlement in probate court. In any case where a conservator shall die without having
made a final settlement of his or her conservatorship and a successor is appointed, such succeeding
conservator or ward or the cestui que trust may by petition to the court in which such estate
is pending have an order requiring the sureties on such bond to make settlement of such estate
in the court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937;
Code 1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without
court authorization. The court, in lieu of sureties on a bond, may accept other collateral
for the performance of the bond, including a pledge of securities or any other assets or a
mortgage of land. (b) The court may at any time reduce the bond of the conservator or require
the conservator to provide additional or larger bond as may seem to be proper...
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26-2A-147
Section 26-2A-147 Accounts. Each conservator shall account to the court for administration
of the conservatorship upon resignation or removal and at other times as the court may direct,
but if not otherwise directed, the conservator must, at least once in three years, account
to the court. If the conservator shall die before making the accounting, the conservator's
personal representative will make the accounting, or if no personal representative has been
appointed, the sureties on the conservator's bond may proceed to make the accounting. On termination
or removal of the protected person's minority or disability, a conservator shall account to
the court or to the formerly protected person. An order after notice and hearing allowing
an intermediate account of a conservator is a final adjudication as to liabilities concerning
the matters considered in connection therewith. Thereafter, at any time prior to final settlement,
the account may be reopened by the court on motion or petition...
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26-2A-158
Section 26-2A-158 Termination of proceedings. (a) The protected person, conservator,
or any other interested person may petition the court to terminate the conservatorship. A
protected person seeking termination is entitled to the same rights and procedures as in an
original proceeding for a protective order. If the conservator has accounted to the formerly
protected person, no accounting is necessary. The court, upon determining after notice and
hearing that the minority or disability of the protected person has ceased, shall terminate
the conservatorship. Upon termination, title to assets of the estate passes to the formerly
protected person or to successors. The order of termination must provide for expenses of administration
and direct the conservator to execute appropriate instruments to evidence the transfer. (b)
A conservator appointed by any court of this state, on termination or removal of the protected
person's minority or disability, may present a verified petition to the...
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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (a) A sex
offender may petition at sentencing, or if after sentencing, a sex offender may file a petition
in the civil division of the circuit court in the county where the sex offender seeks to accept
or maintain employment for relief from the employment restrictions pursuant to subsection
(b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following
sex offenses shall not be entitled to relief under this section: (1) Rape in the first
degree, as provided by Section 13A-6-61. (2) Sodomy in the first degree, as provided
by Section 13A-6-63. (3) Sexual abuse in the first degree, as provided by Section
13A-6-66. (4) Sex abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.
(5) Sexual torture, as provided by Section 13A-6-65.1. (6) Any sex offense involving
a child. (7) Any solicitation, attempt, or conspiracy to commit any of the offenses listed
in subdivisions (1)...
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17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is
denied shall have the right of appeal, without giving security for costs, within 30 days after
such denial, by filing a petition in the probate court in the county in which he or she seeks
to register, alleging that he or she is a citizen of the United States over the age of 18
years having the qualifications as to residence prescribed by law and entitled to register
to vote under the provisions of the Constitution of Alabama of 1901, as amended. Upon the
filing of the petition, the clerk of the probate court shall give notice thereof to the district
attorney authorized to represent the state in the county, who shall appear and defend against
the petition on behalf of the state. The registrars shall not be made parties and shall not
be liable for costs. An appeal will lie to the circuit court in favor of the petitioner if
taken within 30 days from the date of the judgment pursuant to Section 12-22-20....
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26-2A-130
Section 26-2A-130 Protective proceedings. (a) Upon petition and after notice and hearing
in accordance with the provisions of this division, the court may appoint a conservator or
make any other protective order for cause as provided in this section. (b) Appointment
of a conservator or other protective order may be made in relation to the estate and affairs
of a minor if the court determines that a minor owns funds or property requiring management
or protection that cannot otherwise be provided or has or may have business affairs that may
be jeopardized or prevented by minority, or that funds are needed for health, support, education,
or maintenance and that protection is necessary or desirable to obtain or provide funds. (c)
Appointment of a conservator or other protective order may be made in relation to the estate
and affairs of a person if the court determines that (i) the person is unable to manage property
and business affairs effectively for such reasons as mental illness,...
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