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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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30-4-33
Section 30-4-33 Disposal of interest in real estate by spouse of insane person - Motion; exception
as to homestead; date for hearing; notice to insane spouse; appointment of guardian ad litem.
Whenever any such married person whose spouse is insane desires authority to sell, convey,
mortgage or otherwise dispose of real estate as if single, such married person shall file
a complaint in the circuit court, setting forth the fact that his or her spouse is insane,
that he or she desires to be authorized to sell, convey, mortgage or otherwise dispose of
real estate, not including a homestead, as if single, and that said complaint is not for the
purpose of taking advantage of or defrauding the insane spouse. Upon the filing of such complaint,
the same shall be presented to the judge of the court, who shall enter an order fixing the
day for hearing, providing that notice shall be given the insane spouse, the manner of giving
such notice and appointing a guardian ad litem to represent the...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity for continuation
of shelter care of a child. (a) When a child alleged to be dependent has been removed from
the custody of the parent, legal guardian, or legal custodian and has not been returned to
same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays,
and holidays included, to determine whether continued shelter care is required. (b) Notice
of the 72-hour hearing requirement, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian,
or legal custodian if he or she can be found. (c) At the commencement of the 72-hour hearing
requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian
of the right to counsel and shall appoint counsel if the juvenile court determines he or she
is indigent. If the juvenile court already has not done so, it...
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15-23-100
Section 15-23-100 Definitions. As used in this article, the following words shall have the
following meanings: (1) ALLEGED VICTIM. A person or persons to whom transmission of body fluids
from the perpetrator of the crime occurred or was likely to have occurred in the course of
the alleged crime. (2) PARENT OR GUARDIAN OF THE ALLEGED VICTIM. A parent or legal guardian
of an alleged victim who is a minor or incapacitated person. (3) POSITIVE REACTION. A positive
test with a positive confirmatory test result as specified by the Department of Public Health.
(4) SEXUALLY TRANSMITTED DISEASE. Those diseases designated by the State Board of Health as
sexually transmitted diseases for the purposes of this article. (5) TRANSMISSION OF BODY FLUIDS.
The transfer of blood, semen, vaginal secretions, or other body fluids identified by the Department
of Public Health, from the alleged perpetrator of a crime to the mucous membranes or potentially
broken skin of the victim. (Act 2006-572, p. 1504,...
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16-28-14
Section 16-28-14 Habitual truant. In case any child becomes an habitual truant, or because
of irregular attendance or misconduct has become a menace to the best interest of the school
which he is attending or should attend, and the parent, guardian or other person files a written
statement in court as provided in Section 16-28-13, stating that he is unable to control such
child, the attendance officer must file a complaint before the judge of the juvenile court
of the county, alleging the facts, whereupon such child must be proceeded against in the juvenile
court for the purpose of ascertaining whether such child is a dependent, neglected or delinquent
child. (School Code 1927, §307; Code 1940, T. 52, §304.)...
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26-1A-108
Section 26-1A-108 Nomination of conservator or guardian; relation of agent to court-appointed
fiduciary. (a) In a power of attorney, a principal may nominate a conservator of the principal's
estate or guardian of the principal's person for consideration by the court, if protective
proceedings for the principal's estate or person are begun after the principal executes the
power of attorney. Except for good cause shown or disqualification, the court shall make its
appointment in accordance with the principal's most recent nomination. (b) If, after a principal
executes a power of attorney, a court appoints a conservator of the principal's estate or
other fiduciary charged with the management of all the property of the principal or all of
his or her property except specified exclusions, the agent is accountable to the fiduciary
as well as to the principal. In such event, the fiduciary has the same power to revoke or
amend the power of attorney that the principal would have had if he or she...
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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, 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 pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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26-2-45
Section 26-2-45 Procedure generally - Entry of decree, recordation of proceedings and appointment
of conservator by court upon rendition of verdict of jury. If the jury find by their verdict
that the facts alleged in the petition are true and that such person is incapacitated, the
court shall enter a decree accordingly, and must cause the petition and all the proceedings
thereon to be recorded and appoint a suitable conservator of such person. (Code 1852, §2753;
Code 1867, §3192; Code 1876, §2760; Code 1886, §2395; Code 1896, §2260; Code 1907, §4350;
Code 1923, §8108; Code 1940, T. 21, §14; Acts 1982, No. 82-384, p. 561, §2; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-5-12
Section 26-5-12 Final consent settlement between conservator and ward. A conservator appointed
by any court of this state for a minor or incapacitated person may, on the arrival of his
or her ward at full age or on termination of the ward's incapacity or on removal of his or
her ward's disabilities of nonage by a court of competent jurisdiction or, if the ward is
married and has attained the age of 18 years, or if the ward has died, present a verified
petition to the court in which the conservatorship is pending, praying for a final consent
settlement by and between him or her and his or her ward, or the ward's personal representative,
if the ward has died. If such consent settlement is agreed to by the ward, or the ward's personal
representative, if the ward has died, by a written instrument, signed by him or her and acknowledged
as conveyances of real estate are acknowledged, the court may approve such settlement without
notice or publication or posting. The agreement of the ward, or...
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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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