26-2A-73
Section 26-2A-73 Court appointment of guardian of minor; conditions for appointment. (a) The court may appoint a guardian for an unmarried minor if all parental rights have been terminated or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71 whose appointment has not been prevented or nullified under Section 26-2A-72 has priority over any guardian who may be appointed by the court, but the court may proceed with another appointment upon a finding that the parental nominee has failed to accept the appointment within 30 days after notice of the guardianship proceeding. (b) If necessary, and on appropriate petition or application, the court may appoint a temporary guardian who shall have the full authority of a general guardian of a minor, but the authority of a...
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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Application, etc., for order of removal. The application for the order of removal must be made in writing, signed by the parent, guardian, or other person having legal custody of the minor or ward, verified by affidavit and accompanied by a transcript, duly certified, of the appointment of a conservator for such minor or ward by a court of competent jurisdiction in the state of the residence of the parent, guardian, or other person having legal custody of the minor and of the bond of such conservator with sureties approved by such court; provided, that if the conservator so appointed is a corporate fiduciary which, under the laws of the state wherein appointed, is not required to make bond, a certificate from the appointing authority stating this may be filed in lieu of a copy of the conservator's bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the district attorney or Attorney General, for good cause shown and after notice to the defendant, may order the taking of a videotaped deposition of an alleged victim of or witness to the crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped deposition of the victim or a witness, the court shall consider the age and maturity of the child, the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule. (c) During the taping of a videotaped deposition authorized pursuant to this section, the...
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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed guardian of an incapacitated person. (b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person's most recent nomination in a durable power of attorney. (c) Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed: (1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged; (2) An adult child of the incapacitated person; (3) A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated person with whom the person has resided for more than six months prior...
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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents. If any otherwise qualified applicant for or recipient of public assistance appears to be incapable, physically or mentally, or both, of managing his public assistance payments, and has no legal guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the Department of Human Resources, or the Department of Human Resources may petition the probate judge for the appointment of a legal representative to handle his public assistance payments only. The petition shall be accompanied by a certificate in writing of a physician which certificate shall state that the physician upon examination believes the applicant or recipient to be physically or mentally, or both, incapable of managing his public assistance payments. The probate judge shall conduct a hearing for the purpose of appointing a competent person as legal representative after notice of at least 10 days in...
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26-5-15
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such conservator, require that notice thereof be given in the same manner as required by law in cases of final settlements. Any order or decree of the court on such settlement after such notice shall be final and conclusive as to all items of receipts and disbursements and other transactions and matters shown therein and as to all fees and compensation fixed or allowed to such conservator and attorney, and appeals therefrom shall and must be taken in the manner provided for from any other final decrees of such court. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or...
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11-40-66
Section 11-40-66 Judicial hearing. (a) The Class 2 municipality shall request that a judicial hearing on the petition occur not earlier than 30 days nor more than 90 days following the filing of the petition. At the judicial hearing, any interested party shall have the right to be heard and to contest the delinquency of the municipal code lien, the adequacy of the proceedings, the classification of the property as owner occupied, and the amount of the tax payoff. If the court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that: (1) The municipal code lien is delinquent. (2) The amounts of any additional municipal code liens and taxes described in the petition are delinquent. (3) Proper notice has been given to all interested parties. (4) The property is not owner occupied. (5) The property as described in the petition be sold in accordance with the provisions of this article. (6) The sale shall become final and...
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24-1-62
Section 24-1-62 Procedure for incorporation of authority; boundaries of authority; denial of petition for incorporation; resubmission of petition after denial. Any 25 residents of a county may file a petition with the county commission setting forth that there is a need for an authority to function in the county. Upon the filing of such a petition, the county commission shall give notice of the time, place, and purpose of a public hearing at which the county commission will determine the need for an authority in the county. Such notice by the county commission shall be given at the county's expense by publishing a notice, at least 10 days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the county or, if there be no such newspaper, by posting such a notice in at least three public places within the county at least 10 days preceding the day on which the hearing is to be held. Upon the date fixed for said hearing, held upon notice as...
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26-2A-114
Section 26-2A-114 Investigation and report. Before ruling on the petition, the court may order the Department of Human Resources or the court representative to do any or all of the following: (1) Conduct interviews with the following: a. The ward b. All petitioners. c. The relatives of the ward. d. To the extent practical, neighbors and, if known, close friends of the ward. (2) Inform the ward of the contents of the petition. (3) Determine whether the ward has the capacity to consent to the requested visitation. (4) Determine whether the ward desires the proposed visitation. (5) Report to the court in writing, at least seven days before the hearing, concerning subdivisions (1) to (4), inclusive. (6) Mail, at least seven days before the hearing, a copy of the report referred to in subdivision (5) to all of the following: a. The petitioner or his or her attorney, if any. b. The guardian ad litem appointed to represent the ward for purposes of the petition for visitation. c. The guardian....
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final decisions in contested cases. (a) A person who has exhausted all administrative remedies available within the agency, other than rehearing, and who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. (b) All proceedings for review may be instituted by filing of notice of appeal or review and a cost bond with the agency to cover the reasonable costs of preparing the transcript of the proceeding under review, unless waived by the agency or the court on a showing of substantial hardship. A petition shall be filed either in the Circuit Court of Montgomery County or in the circuit court of the county in which the agency maintains its headquarters, or unless otherwise...
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