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26-2-52
Section 26-2-52 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Appointment of date for hearing on application; notice to
guardian or conservator, etc. On the filing of such application, the court must appoint a
day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator
and the person at whose instance the inquisition was had and taken must be cited to appear
and show cause against it. (Code 1852, §2758; Code 1867, §3197; Code 1876, §2804; Code
1886, §2398; Code 1896, §2263; Code 1907, §4353; Code 1923, §8111; Code 1940, T. 21, §17;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2A-106
Section 26-2A-106 Acceptance of appointment; consent to jurisdiction. By accepting appointment,
a guardian submits personally to the jurisdiction of the court in any proceeding relating
to the guardianship that may be instituted by any interested person. Notice of any proceeding
must be delivered or mailed to the guardian at the address listed in the court records and
at the address as then known to the petitioner. (Acts 1987, No. 87-590, p. 975, §2-207.)...
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43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad
litem. (a) The court must appoint a day, not less than 30 days from the time of making such
application, for the hearing thereof, and must appoint a proper person, not a petitioner or
of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound
mind, if any there be, and must issue a citation to the heirs or devisees of full age, and
residing in this state, notifying them of the application, and the day appointed for hearing
the same, which must be served on them 10 days before the day appointed for the hearing. (b)
If such application be for the sale of land for the payment of debts, notice must also be
given by publication, once a week for three successive weeks, in some newspaper published
in the county, or by posting up notice at the courthouse door and three other public places
in the county, at the discretion of the court. If no newspaper is published in...
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26-2A-77
Section 26-2A-77 Consent to service by acceptance of appointment; notice. By accepting a parental
or court appointment as guardian, a guardian submits personally to the jurisdiction of the
court in any proceeding relating to the guardianship that may be instituted by any interested
person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the
guardian at the guardian's address listed in the court records and to the address then known
to the petitioner. Letters of guardianship must indicate whether the guardian was appointed
by court order or parental appointment. (Acts 1987, No. 87-590, p. 975, §2-108.)...
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26-2A-53
Section 26-2A-53 Request for notice; interested person. Upon payment of any required fee, an
interested person who desires to be notified before any order is made in a guardianship proceeding,
including any proceeding subsequent to the appointment of a guardian under Section 26-2A-111,
or in a protective proceeding under Section 26-2A-130, may file a request for notice with
the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of
the request to the guardian and to the conservator if one has been appointed. A request is
not effective unless it contains a statement showing the interest of the person making it
and the address of that person or an attorney to whom notice is to be given. The request is
effective only as to proceedings occurring after the filing. Any governmental agency paying
or planning to pay benefits to the person to be protected is an interested person in protective
proceedings. (Acts 1987, No. 87-590, p. 975, §1-404.)...
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19-3B-305
Section 19-3B-305 Appointment of representative. (a) If the court determines that an interest
is not represented under this article, or that the otherwise available representation might
be inadequate, then the court may appoint a guardian ad litem or other representative to receive
notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated,
or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad
litem or other representative may act on behalf of the individual represented with respect
to any matter arising under this chapter, whether or not a judicial proceeding concerning
the trust is pending. (c) In making decisions, a guardian ad litem or other representative
may consider general benefit accruing to the living members of the individual's family. (d)
A guardian ad litem or other representative may be appointed to represent several persons
or interests. (Act 2006-216, p. 314, §1.)...
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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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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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26-2A-81
Section 26-2A-81 Resignation, removal, and other post-appointment proceedings. (a) Any person
interested in the welfare of a ward or the ward, if 14 or more years of age, may petition
for removal of a guardian on the ground that removal would be in the best interest of the
ward or for any other order that is in the best interest of the ward. A guardian may petition
for permission to resign. A petition for removal or for permission to resign may, but need
not, include a request for appointment of a successor guardian. (b) Notice of hearing on a
petition for an order subsequent to appointment of a guardian must be given, as prescribed
in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court
may terminate the guardianship and make any further order that may be appropriate. (d) If
the court determines at any time in the proceeding that the interest of the ward...
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26-21-4
of petition; precedence of proceeding; rules of procedure; waiver of consent; guardian ad litem
for interests of unborn child; findings and conclusions; appeal; no fees or costs; related
criminal charges. (a) A minor who elects not to seek or does not or cannot for any reason,
obtain consent from either of her parents or legal guardian, may petition, on her own behalf,
the juvenile court, or the court of equal standing, in the county in which the minor resides
or in the county in which the abortion is to be performed for a waiver of the consent
requirement of this chapter. Notice by the court to the minor's parents, parent, or legal
guardian shall not be required or permitted. The requirements and procedures under this chapter
shall apply and are available only to minors who are residents of this state. (b) The minor
may participate in proceedings in the court on her own behalf. The court shall advise her
that she has a right to be represented by an attorney and that if she is unable...
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