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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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12-15-211
Section 12-15-211 Suspension of proceedings and continuation of cases under terms and conditions
agreed to by parties. (a) The juvenile court may suspend delinquency or child in need of supervision
proceedings pursuant to a consent decree. The terms and conditions of the consent decree shall
be agreed to by the child and his or her parent, legal guardian, or legal custodian. The consent
decree shall be entered at any time after the filing of a delinquency or child in need of
supervision petition and before the entry of an adjudication order. The child and his or her
parent, legal guardian, or legal custodian shall be advised of their rights, including the
right to counsel. (b) Where an objection is made by the prosecutor, the juvenile court, after
considering the objection and the reasons therefor, shall proceed to determine whether it
is appropriate to enter a consent decree. (c) A consent decree shall remain in force for six
months unless the child is discharged sooner by the...
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12-22-70
Section 12-22-70 Procedure upon reversal of judgment or decree. The appellate court may, upon
the reversal of any judgment or decree, remand the same for further proceedings or enter such
judgment or decree as the court below should have entered or rendered, when the record enables
it to do so. (Code 1852, §3034; Code 1867, §3502; Code 1876, §3943; Code 1886, §3658;
Code 1896, §475; Code 1907, §2890; Code 1923, §6149; Code 1940, T. 7, §810.)...
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26-2A-159
Section 26-2A-159 Payment of debt and delivery of property to foreign conservator without local
proceedings. (a) Any person indebted to a protected person or having possession of property
or of an instrument evidencing a debt, stock, or chose in action belonging to a protected
person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary
appointed by a court of the state of residence of the protected person upon being presented
with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:
(1) That no protective proceeding relating to the protected person is pending in this state;
and (2) That the foreign fiduciary is entitled to payment or to receive delivery. (b) If the
person to whom the affidavit is presented is not aware of any protective proceeding pending
in this state, payment or delivery in response to the demand and affidavit discharges the
debtor or possessor. (Acts 1987, No. 87-590, p. 975, §2-330.)...
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9-9-29
Section 9-9-29 Filing of exceptions to report; hearing upon exceptions and report; approval
and confirmation of report; dismissal of proceedings and dissolution of district; transmittance
of copies of court decree and report of viewers; filing fee. On or before the day set for
the hearing of the final report of the board of viewers, the water management district or
any owner of land or other property in said district or any person having an interest in any
lands or other property within said district may file exceptions to said report or to any
assessment for either benefits or damages. All exceptions shall be heard by the court and
determined in a summary manner so as to carry out liberally the purposes and needs of the
district. If it appears to the satisfaction of the court, after having heard and determined
all of said exceptions, that the estimated cost of constructing the improvements contemplated
in the plan of water management or, in the case of a Public Law 566 watershed...
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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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26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
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26-5-11
Section 26-5-11 Final settlement generally - Rendition and recordation of decree as to vouchers
and account; recordation of account and vouchers. After the examination of the vouchers and
the audit and statement of the account, the court must render a decree passing the same and
declaring the amount due the ward, if there be any amount due him or her, which must be entered
of record. The account and vouchers must be recorded. (Code 1886, §2463; Code 1896, §2348;
Code 1907, §4438; Code 1923, §8211; Code 1940, T. 21, §138.)...
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26-5-51
Section 26-5-51 Personal representative of conservator may be made party to settlement
proceedings. Should a personal representative of such deceased conservator be appointed
at any time before final decree, any party to the proceeding may on motion have such personal
representative of such deceased conservator made a party to such settlement on 10 days' notice.
(Code 1923, §5936; Code 1940, T. 21, §156; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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27-32-16
Section 27-32-16 Conduct of delinquency proceedings - Foreign insurers. (a) Whenever under
this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer
not domiciled in this state, the court shall appoint the commissioner as ancillary receiver.
The commissioner shall file a petition requesting the appointment on the grounds set forth
in Section 27-32-10: (1) If he finds that there are sufficient assets of the insurer located
in this state to justify the appointment of an ancillary receiver; or (2) If 10 or more persons,
resident in this state, having claims against such insurer, file a petition with the commissioner
requesting the appointment of such ancillary receiver. (b) The domiciliary receiver, for the
purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested by operation
of law with the title to all of the property, contracts, and rights of action and all of the
books and records of the insurer located in this state, and...
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