12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made - After determination of action or proceeding. If, after the determination of any civil action or proceeding, the original papers, or any part thereof pertaining thereto, which are not of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing, stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the adverse party is of full age, of sound mind and a resident of the state, notice of the application and a copy thereof, accompanied with a copy of the proposed...
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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability, the compensation shall be 66 2/3 percent of the average weekly earnings received at the time of injury, subject to a maximum and minimum weekly compensation as stated in Section 25-5-68, but if at the time of injury the employee received average weekly earnings of less than the minimum stated in Section 25-5-68, then he or she shall receive the full amount of the average weekly earnings per week. This compensation shall be paid during the time of the disability, but at the time as a temporary total disability shall become permanent, compensation for the continued total disability shall be governed by (a)(4) of this section with respect to permanent total disability. Payments are to be made at the intervals when the earnings were payable, as nearly as may be, unless the parties otherwise agree....
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26-2-50
Section 26-2-50 Appointment of general conservator of county or sheriff as guardian. The general conservator of the county must be appointed conservator of an incapacitated person if no other suitable person applies for appointment and qualifies and if there be no general conservator, the sheriff must be appointed. (Code 1852, §2017; Code 1867, §§2416, 2423; Code 1876, §§2765, 2767; Code 1886, §2405; Code 1896, §2270; Code 1907, §4360; Code 1923, §8118; Code 1940, T. 21, §24; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2-54
Section 26-2-54 Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Entry of decree or judgment as to contested application upon rendition of verdict of jury. If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree revoking the proceedings on the inquisition and the guardianship or conservatorship, and declaring that the ward must be restored to the custody and management of his or her estate and must adjudge the costs as is just and equitable, but if the verdict of the jury negatives the facts stated in the application, a judgment of dismissal at the cost of the applicant or of the next friend must be entered. (Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code 1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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...
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18-1A-275
Section 18-1A-275 Guardian ad litem for infants or incompetents. If the owner of the lands or other party interested therein is an infant or is of unsound mind, the probate court, on the day appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian so appointed must file a written acceptance of the appointment, must appear and protect the rights and interests of such infant or person of unsound mind, and, if he deems it necessary, may employ counsel to assist him. The compensation of such guardian and of his counsel must be ascertained by the probate court and taxed as costs of the proceedings. (Acts 1985, No. 85-548, p. 802, §1606.)...
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26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property within state - Authorization. The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be within this state if such person has been declared an incapacitated person by a court having jurisdiction in the state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code 1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator; appointment of guardian ad litem for ward. The conservator, or his or her personal representative, must file in the court of probate a full account of the conservatorship, accompanied by the vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208; Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-21
Section 26-8-21 Application for removal and notice of hearing thereon; appointment of guardian ad litem. Authority for such removal may be obtained on the application in writing, verified by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which show that the removal will advance the interests of the minor or ward. If application is made by the minor or ward by next friend, a day must be appointed for the hearing, 10 days' notice of which must be given the guardian or conservator by the service of process. If application is made by the guardian or conservator, a day, not less than 10 days after the filing of the application, must be appointed for the hearing and a guardian ad litem appointed to represent the minor or ward, who must put in issue the facts stated in the application and require proof thereof. (Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802; Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code...
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