26-2-55
Section 26-2-55 Revocation of guardianship or conservatorship - Upon application by
guardian or conservator. If, at any time after his or her appointment, the guardian or conservator
becomes satisfied that the incapacity of the ward has terminated, and is capable of managing
his or her estate and the judge of probate is of the opinion, from the proof and the facts
stated, that such representation is correct, the judge of probate must make an order that
the guardian or conservator be discharged and that the estate of the ward be restored to him
or her. (Code 1852, §2757; Code 1867, §3196; Code 1876, §2803; Code 1886, §2401; Code
1896, §2266; Code 1907, §4356; Code 1923, §8114; Code 1940, T. 21, §20; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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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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26-8-46
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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26-2A-6
Section 26-2A-6 Facility of payment or delivery; notice of payment. (a) Any person under
a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts
as provided in this subsection, by paying or delivering the money or personal property to:
(1) Any person having the care and custody of the minor and with whom the minor resides; (2)
A guardian of the minor; or (3) The judge of probate of the county in which the minor resides,
if a resident of this state, or, if a nonresident, to the judge of probate or like officer
of the county in which the debtor or creditor resides. Payments under this subsection must
not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in a series of payments,
and payments, by any person other than a conservator or judge, must not exceed a maximum of
$25,000 during the minority of the minor ward. The person obligated to make payment is discharged
of that duty or obligation by making the payment or delivery and...
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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having
property within state - Procedure. The application for the appointment of a conservator for
such person must be in writing, must be verified by affidavit and must state the name, sex,
age, and residence of such person, the court by which he or she was declared incapacitated
and the property requiring the care of a conservator. On the filing of such application, the
court must appoint a day for the hearing thereof, notice of which must be given for three
successive weeks by publication in some newspaper published in the county or, if there is
no such paper published in the county, by publication in a paper published in an adjoining
county, and a copy of such paper must be mailed by the probate judge to such person at the
post office nearest his or her residence. The court must appoint a guardian ad litem to represent
and defend for such person and it shall be the duty of such guardian ad litem to put in...

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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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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court.
The administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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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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26-5-2
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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26-5-8
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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