|
26-2A-100
Section 26-2A-100 Appointment of guardian for incapacitated person by will or other
writing. (a) The parent of an unmarried incapacitated person may appoint by will, or other
writing signed by the parent and attested by at least two witnesses or acknowledged, a guardian
of the incapacitated person. If both parents are dead or the surviving parent is adjudged
incapacitated, a parental appointment becomes effective when, after having given seven days'
prior written notice of intention to do so to the incapacitated person and to the person having
the care of the person or to the nearest adult relative residing in this state, the guardian
files acceptance of appointment in the court in which the will is probated, or in the case
of a nontestamentary nominating instrument, in the court at the place where the incapacitated
person resides or is present. If both parents are dead, an effective appointment by the parent
who died later has priority. (b) The spouse of a married incapacitated person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-100.htm - 2K - Match Info - Similar pages
26-2B-205
Section 26-2B-205 Exclusive and continuing jurisdiction. Except as otherwise provided
in Section 26-2B-204, a court that has appointed a guardian or issued a protective
order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding
until it is terminated by the court or the appointment or order expires by its own terms.
(Act 2010-500, p. 782, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-205.htm - 691 bytes - Match Info - Similar pages
26-9-10
Section 26-9-10 Investment of funds of estate by guardian; limitation as to loans of
funds of ward. (a) Every guardian shall invest the funds of the estate in one or more of the
following forms in which the guardian has no interest and not otherwise: (1) Interest-bearing
obligations of the State of Alabama or of the United States or as to which the State of Alabama
or the United States has guaranteed the payment of both principal and interest. (2) Loans
secured by direct first mortgage on improved real estate located within the State of Alabama.
Such loans shall not exceed 50 percent of the actual value fixed by a competent appraiser
or of the value for which such real estate, with improvements, was assessed for taxation for
the last preceding tax year, whichever is the lower, except as provided in subdivision (3)
of this section. (3) Purchase of indebtedness secured by first real estate mortgages
which have been accepted for insurance by the Secretary of Housing and Urban Development...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-9-10.htm - 3K - Match Info - Similar pages
15-10-71
Section 15-10-71 Application for removal order; granting of order. The sheriff of the
county where such person is triable, upon receipt of such notification, shall apply to the
district court of his county for a removal order. The district court to whom the application
is presented shall grant the same upon a finding that a removal order is in the interest of
justice. (Code 1907, §6640; Code 1923, §3744; Code 1940, T. 15, §181.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-10-71.htm - 750 bytes - Match Info - Similar pages
26-2A-75
Section 26-2A-75 Procedure for court-appointment of guardian of minor. (a) A minor or
any person interested in the welfare of the minor may petition for appointment of a guardian.
(b) After the filing of a petition, the court shall set a date for hearing, and the petitioner
shall give notice of the time and place of hearing the petition in the manner prescribed by
Section 26-2A-50 to: (1) The minor, if 14 or more years of age and not the petitioner;
(2) Any person alleged to have had the principal care and custody of the minor during the
60 days preceding the filing of the petition; and (3) Any living parent of the minor. (c)
Upon hearing, if the court finds that a suitable person seeks appointment, venue is proper,
the required notices have been given, the conditions of Section 26-2A-73(a) have been
met, and the welfare and best interest of the minor will be served by the requested appointment,
it shall make the appointment and issue letters. In other cases, the court may dismiss the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-75.htm - 1K - Match Info - Similar pages
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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-102.htm - 2K - Match Info - Similar pages
26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under
Section 26-2B-203 to appoint a guardian or issue a protective order may decline to
exercise its jurisdiction if it determines at any time that a court of another state is a
more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction
under subsection (a), it shall either dismiss or stay the proceeding. The court may impose
any condition the court considers just and proper, including the condition that a petition
for the appointment of a guardian or issuance of a protective order be filed promptly in another
state. (c) In determining whether it is an appropriate forum, the court shall consider all
relevant factors, including: (1) any expressed preference of the respondent; (2) whether abuse,
neglect, or exploitation of the respondent has occurred or is likely to occur and which state
could best protect the respondent from the abuse, neglect, or exploitation; (3) the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-206.htm - 2K - Match Info - Similar pages
26-2B-207
Section 26-2B-207 Jurisdiction declined by reason of conduct. (a)If at any time a court
of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective
order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure
the health, safety, and welfare of the respondent or the protection of the respondent's property
or prevent a repetition of the unjustifiable conduct, including staying the proceeding until
a petition for the appointment of a guardian or issuance of a protective order is filed in
a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after
considering: (A) the extent to which the respondent and all persons required to be notified
of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether
it is a more appropriate forum than the court of any other state...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-207.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-209.htm - 1K - Match Info - Similar pages
26-8-48
Section 26-8-48 Sale of property to effect removal thereof from state - Authorization.
When the property of a minor or incapacitated person is ordered to be removed from the state
under any provision contained in this article, the court making the order may, on the application
of the person by whom such order of removal was obtained, order a sale of any property, real
or personal, of such minor or incapacitated person as may be necessary to effect such removal.
(Code 1896, §2382; Code 1907, §4472; Code 1923, §8245; Code 1940, T. 21, §117; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-48.htm - 913 bytes - Match Info - Similar pages
|