26-2A-134
Section 26-2A-134 Notice. (a) On a petition for appointment of a conservator or other
protective order, the requirements for notice described in Section 26-2A-103 apply,
but (i) if the person to be protected has disappeared or is otherwise situated so as to make
personal service of notice impracticable, notice to the person must be given by publication
as provided in Section 26-2A-50, and (ii) if the person to be protected is a minor,
the provisions of Section 26-2A-75 also apply. (b) Notice, as described in Section
26-2A-103, of any hearing on a petition for an order subsequent to appointment of a conservator
or other protective order must be given to the protected person, any conservator of the protected
person's estate, and any other person as ordered by the court. (Acts 1987, No. 87-590, p.
975, §2-305.)...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person,
whether arising in contract, tort, or otherwise, and liabilities of the estate which arise
at or after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court
of this state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective
proceeding who is trained in law, nursing, or social work, is an officer, employee, or special
appointee of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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26-2A-130
Section 26-2A-130 Protective proceedings. (a) Upon petition and after notice and hearing
in accordance with the provisions of this division, the court may appoint a conservator or
make any other protective order for cause as provided in this section. (b) Appointment
of a conservator or other protective order may be made in relation to the estate and affairs
of a minor if the court determines that a minor owns funds or property requiring management
or protection that cannot otherwise be provided or has or may have business affairs that may
be jeopardized or prevented by minority, or that funds are needed for health, support, education,
or maintenance and that protection is necessary or desirable to obtain or provide funds. (c)
Appointment of a conservator or other protective order may be made in relation to the estate
and affairs of a person if the court determines that (i) the person is unable to manage property
and business affairs effectively for such reasons as mental illness,...
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26-2A-133
Section 26-2A-133 Original petition for appointment or protective order. (a) The person
to be protected or any person who is interested in the estate, affairs, or welfare of the
person, including a parent, child, guardian, custodian, or any person who would be adversely
affected by lack of effective management of the person's property and business affairs may
petition for the appointment of a conservator or for other appropriate protective order. (b)
The petition must set forth to the extent known the interest of the petitioner; the name,
age, residence, and address of the person to be protected; the names and addresses of all
persons, known to the petitioner, who must be given notice, a general statement of the person's
property with an estimate of the value thereof, including any compensation, insurance, pension,
or allowance to which the person is entitled; the reason why appointment of a conservator
or other protective order is necessary, and whether bond has been relieved. If the...
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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) Upon
receipt of a petition for appointment of a conservator or other protective order because of
minority, the court shall set a date for hearing. If the court determines at any time in the
proceeding that the interests of the minor are or may be inadequately represented, it may
appoint an attorney to represent the minor, giving consideration to the choice of the minor
if 14 or more years of age. An attorney appointed by the court to represent a minor may be
granted the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
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26-2A-131
Section 26-2A-131 Protective proceedings; jurisdiction of business affairs of protected
persons. Subject to Section 26-2A-31, after the service of notice in a proceeding seeking
the appointment of a conservator or other protective order and until termination of the proceeding,
the court in which the petition is filed has: (1) Exclusive jurisdiction to determine the
need for a conservator or other protective order until the proceedings are terminated; and
(2) Exclusive jurisdiction to determine how the estate of the protected person which is subject
to the laws of this state must be managed, expended, or distributed to or for the use of the
protected person, the protected person's dependents, or other claimants. (Acts 1987, No. 87-590,
p. 975, §2-302; Act 2010-500, p. 782, §2.)...
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26-2A-136
Section 26-2A-136 Permissible court orders. (a) The court shall exercise the authority
conferred in this division to encourage the development of maximum self-reliance and independence
of a protected person and make protective orders only to the extent necessitated by the protected
person's mental and adaptive limitations and other conditions warranting the procedure. (b)
The court has the following powers that may be exercised directly or through a conservator
in respect to the estate and business affairs of a protected person: (1) While a petition
for appointment of a conservator or other protective order is pending and after preliminary
hearing and without notice, the court may preserve and apply the property of the person to
be protected as may be required for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for an appointment or other protective
order exists with respect to a minor without other disability, the court has...
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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a)
A guardian or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required
by Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings
Act. (c) On the court's own motion or on request of the guardian or conservator, the incapacitated
or protected person, or other person required to be notified of the petition, the court shall
hold a hearing on a petition filed pursuant to subsection (a). (d) The court shall issue a
provisional order granting a petition to transfer a guardianship and shall direct the guardian
to petition for guardianship in the other state if the court is satisfied that the...
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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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26-2A-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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