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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may
expend or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested
person may petition the court to order protective placement or other protective services for
an adult in need of protective services. No protective placement or other protective services
may be ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9-6.htm - 7K - Match Info - Similar pages
12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall
rule on the merits of the petition in accordance with subsection (d) within 90 calendar days
of the date the petition was filed. The court, for good cause, may extend the time within
which it must rule on the petition by order entered prior to the expiration of the initial
90-day period. (b) If the court determines that a hearing is not necessary, the court may
rule without a hearing. (c) If a hearing is held, the hearing shall be conducted in a manner
prescribed by the trial judge and may include oral argument and review of relevant documentation
in support of, or in objection to, the granting of the petition. Leave of the court shall
be obtained for the taking of witness testimony relating to any disputed fact. (d) In ruling
on the petition, the court may consider the following factors, in addition to the information
contained in the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-103.htm - 1K - Match Info - Similar pages
15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex
offender required to register under this chapter may petition the court for relief from the
residency restriction pursuant to subsection (a) of Section 15-20A-11 during the time
a sex offender is terminally ill or permanently immobile, or the sex offender has a debilitating
medical condition requiring substantial care or supervision or requires placement in a residential
health care facility. (b) A petition for relief pursuant to this section shall be filed
in the civil division of the circuit court of the county in which the sex offender seeks relief
from the residency restriction. (c) The sex offender shall serve a copy of the petition by
certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication
or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting
attorney of the county where the sex offender seeks relief from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-23.htm - 6K - Match Info - Similar pages
26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to
determine the suitability of each petitioner and the home in which the adoptee will be placed.
The investigation shall include a criminal background investigation and any other circumstances
which might be relevant to the placement of an adoptee with the petitioners. A copy of the
pre-placement investigation shall be filed with the court when the petition for adoption is
filed. (b) An individual or couple may initiate a pre-placement investigation by request directly
through the Department of Human Resources or a licensed child placing agency or by filing
a request with the probate court. The court may appoint any agency or individual qualified
under subsection (d) to perform the pre-placement investigation. Upon completion of the investigation,
a copy of the report shall be sent to the petitioners. The report is to be filed with the
court at the time of the filing of the petition for adoption. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-19.htm - 4K - Match Info - Similar pages
26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition
of proceeds from sale; compensation of commissioner. The commissioner must, as soon as practicable
after the receipt of the purchase money for the property sold by him or her, pay the same
to the judge of probate or register or clerk, as the case may be, of the court ordering the
sale, and such money must be retained and safely kept by such judge or register or clerk until
the sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must
be, by such judge or register or clerk, returned to the purchaser. If the sale is confirmed,
such money must be by such officer paid over to the foreign conservator entitled to receive
the same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, ยง2385; Code 1907,...
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35-8-20
Section 35-8-20 Termination of condominium. (a) The condominium property may be removed
from the provisions of this chapter provided that all unit owners agree and all holders of
record of liens affecting any of the units consent or agree, in either case by instruments
duly recorded, that their liens be transferred to the undivided share of the unit owner in
the property as hereinafter provided. (b) A circuit court may grant the petition of any unit
owner for a removal of the condominium property from the provisions of this chapter and a
partition under the following circumstances: (1) In the event of total destruction of all
improvements of the condominium property and no agreement is reached to rebuild such improvements
within a reasonable time, or such rebuilding has not been completed within a reasonable time.
(2) In the event of substantial destruction, deterioration, or obsolescence of the condominium
property and no agreement is reached to repair, reconstruct, or rebuild such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8-20.htm - 3K - Match Info - Similar pages
24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a
quiet title action under this section to quiet title to real property held by the authority
or interests in tax delinquent property held by the authority by recording with the office
of the judge of probate in the county in which the property subject to quiet title action
is located a notice of pending quiet title action. The notice shall include the name of the
taxpayer whose interest was affected by the tax sale; the name of any other party as revealed
by a search and examination of the title to the property who may claim an interest in the
property; a legal description of the property; the street address of the property if available;
the name, address, and telephone number of the authority; a statement that the property is
subject to the quiet title proceedings under Act 2013-249; and a statement that any legal
interests in the property may be extinguished by a circuit court order vesting title to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following
meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD.
An unemancipated individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in
which legal custody, physical custody, or visitation with respect to a child is at issue.
The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect,
abuse, dependency, paternity, termination of parental rights, or protection from domestic
violence. The term does not include a court proceeding involving juvenile...
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