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18-1A-275
Section 18-1A-275 Guardian ad litem for infants or incompetents. If the owner of the lands
or other party interested therein is an infant or is of unsound mind, the probate court, on
the day appointed for the hearing, must appoint a guardian ad litem to represent him, and
the guardian so appointed must file a written acceptance of the appointment, must appear and
protect the rights and interests of such infant or person of unsound mind, and, if he deems
it necessary, may employ counsel to assist him. The compensation of such guardian and of his
counsel must be ascertained by the probate court and taxed as costs of the proceedings. (Acts
1985, No. 85-548, p. 802, ยง1606.)...
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6-9-254
Section 6-9-254 Lack of personal jurisdiction; recognition sought. (a) A foreign-country judgment
may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was
served with process personally in the foreign country; (2) the defendant voluntarily appeared
in the proceeding, other than for the purpose of protecting property seized or threatened
with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the
jurisdiction of the foreign court with respect to the subject matter involved; (4) the defendant
was domiciled in the foreign country when the proceeding was instituted or was a corporation
or other form of business organization that has its principal place of business in, or was
organized under the laws of, the foreign country; (5) the defendant had a business office
in the foreign country and the proceeding in the foreign court...
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26-2B-204
Section 26-2B-204 Special jurisdiction. (a) A court of this state lacking jurisdiction under
Section 26-2B-203 has special jurisdiction to do any of the following: (1) appoint a guardian
in an emergency for a term not exceeding 90 days for a respondent who is physically present
in this state; (2) issue a protective order with respect to real or tangible personal property
located in this state; (3) appoint a guardian or conservator for an incapacitated or protected
person for whom a provisional order to transfer the proceeding from another state has been
issued under procedures similar to Section 26-2B-301. (b) If a petition for the appointment
of a guardian in an emergency is brought in this state and this state was not the respondent's
home state on the date the petition was filed, the court shall dismiss the proceeding at the
request of the court of the home state, if any, whether dismissal is requested before or after
the emergency appointment. (c) The court may entertain successive...
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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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26-2B-209
Section 26-2B-209 Proceedings in more than one state. Except for a petition for the appointment
of a guardian in an emergency or issuance of a protective order limited to property located
in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition
for the appointment of a guardian or issuance of a protective order is filed in this state
and in another state and neither petition has been dismissed or withdrawn, the following rules
apply: (1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed
with the case unless a court in another state issues an order establishing jurisdiction under
provisions similar to Section 26-2B-203 before the appointment or issuance of an order by
the court in this state. (2) If the court in this state does not have jurisdiction under Section
26-2B-203, whether at the time the petition is filed or at any time before the appointment
or issuance of the order, the court shall stay the proceeding...
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26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
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26-2A-140
Section 26-2A-140 Terms and requirements of bonds. (a) The following requirements and provisions
apply to any bond required under Section 26-2A-139. (1) Sureties are jointly and severally
liable with the conservator and with each other. (2) By executing an approved bond of a conservator,
the surety consents to the jurisdiction of the court that issued letters to the primary obligor
in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety
as a party respondent. Notice of any proceeding must be delivered to the surety or mailed
by registered or certified mail to the address listed with the court at the place where the
bond is filed and to the address as then known to the petitioner. (3) On petition of a successor
conservator or any interested person, a proceeding may be initiated against a surety for breach
of the obligation of the bond of the conservator. (4) The bond of the conservator is not void
after the first recovery but may be proceeded...
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26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian;
certification of copy thereof to veterans' administration; notice of hearing thereon. Every
guardian who shall receive on account of his or her ward any moneys from the administration
shall file with the court annually on the anniversary date of the appointment, in addition
to such other accounts as may be required by the court, a full, true, and accurate account
under oath of all moneys so received by him or her and of all disbursements thereof, showing
the balance thereof in his or her hands at the date of such account and how invested, including
a complete descriptive itemization of all investments, and must submit to the court for its
examination all securities and evidences of debt belonging to the ward, and the decree of
the court passing the settlement must recite that all securities and evidences of debt due
the ward have been presented to and examined by the court; provided, that in the...
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45-21-233
Section 45-21-233 Methods of service. (a) In the service of summons and complaints or subpoenas
requiring the attendance of witnesses in any civil, criminal, equity, or other case or proceeding
in either the small claims court, district court, or Circuit Court of Crenshaw County, whether
civil, criminal or juvenile, or before the grand jury, may, in addition to any other mode
of service provided by law or rule, be served by the sheriff or constable personally or by
leaving a copy thereof at the place of residence of the witness, or the sheriff may serve
the same by placing a copy thereof in the United States mail, certified, return receipt requested,
enclosing the subpoena in an envelope properly stamped and addressed to the person or witness
to be served. Upon service by the sheriff upon any witness or person by anyone of the foregoing
methods, provided in this section, the sheriff shall immediately mark the process executed.
If the subpoena so mailed is not delivered to the address...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
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