Code of Alabama

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26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings
under application; appointment, powers, etc., of commissioner for conduct of sale. The court,
in the order of sale, must appoint a suitable person commissioner to make the sale and, except
as otherwise provided in this article, the authority and duty of such commissioner is the
same as that of a conservator authorized to sell property of a minor or ward for reinvestment.
If the commissioner so appointed fails to act or to complete the sale, another may be appointed
at any time by an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247;
Code 1940, T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-9-11
Section 26-9-11 Application of estate for support and maintenance of person other than
ward. A guardian shall not apply any portion of the estate of his or her ward for the support
and maintenance of any person other than his or her ward, except upon order of the court after
a hearing, notice of which has been given the proper office of the administration in the manner
provided in Section 26-9-14. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §173.)...

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12-15-218
Section 12-15-218 Order requiring parent, legal guardian, or legal custodian to assist
child in complying with terms of probation; penalties; exemptions. (a) In all cases where
a child has been granted probation, the juvenile court, as a condition of granting probation
to the child, may order the parent, legal guardian, or legal custodian of the child, if he
or she is made a party to the proceedings, to assist the juvenile court in ensuring that the
child complies with the terms of his or her probation. (b) Prior to granting probation, the
juvenile court shall explain to the parent, legal guardian, or legal custodian and the child
the terms of his or her probation, including the responsibility and the penalty which may
be imposed on all parties for failure to comply with the terms of the probation. (c) A parent,
legal guardian, or legal custodian, who after being made a party fails to assist the child
in complying with the terms of the probation, may be held in civil or criminal...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to
make settlement in probate court. In any case where a conservator shall die without having
made a final settlement of his or her conservatorship and a successor is appointed, such succeeding
conservator or ward or the cestui que trust may by petition to the court in which such estate
is pending have an order requiring the sureties on such bond to make settlement of such estate
in the court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937;
Code 1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-9-4
Section 26-9-4 Limitations as to appointment of guardians. Except as provided in this
chapter, it shall be unlawful for any person to accept appointment as guardian of any ward
if such proposed guardian shall at that time be acting as guardian for five wards. In any
case, upon presentation of a petition by an attorney of the administration under this section
alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting
his or her discharge for that reason, the court, upon proof substantiating the petition, shall
require a final accounting forthwith from such guardian and shall discharge such guardian
in the case. The limitations of this section shall not apply where the guardian is
a bank or trust company acting for the wards' estates only. An individual may be guardian
of more than five wards if they are all members of the same family. (Acts 1931, No. 240, p.
280; Code 1940, T. 21, §162.)...
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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support
orders; filing with clerk; service; hearing; issuance of order; contents; when order takes
effect; entry of support and withholding orders by different courts; termination of withholding.
(a) Section 8-5-21 to the contrary notwithstanding, and in addition to and independent
of any other remedy provided by law for the enforcement of support, the obligee, district
attorney, or representative of the Department of Human Resources may file with a court of
this state, as defined in this article, a petition seeking an order of income withholding.
Additionally, for all existing support orders issued in the State of Alabama that do not provide
for income withholding and upon the filing of an application for support services by the obligee
with the department, the department shall petition the court for an income withholding order
pursuant to this section. The obligee, district attorney, or representative of...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable
cause to believe he or she is in imminent danger of becoming the victim of any act of abuse.
(2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State
Department of Human Resources may petition for relief on behalf of the following: a. A minor
child. b. Any person prevented by physical or mental incapacity from seeking a protection
order. (b) Standardized petitions for actions pursuant to this chapter shall be made available
through the circuit clerks' offices around the state. The circuit clerk shall not provide
assistance to persons in completing the forms or in presenting...
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35-6-81
Section 35-6-81 Report of sale by guardian to court. Within three months after making
any such sale, such guardian shall report the same under oath to the court having jurisdiction
of his administration of the estate of such ward. If the whole of the share of such ward in
the proceeds of such sale shall have been paid when such report is made, such fact shall be
stated therein, and the guardian shall therein apply to the court for authority to make a
conveyance of the interest of said ward in the lands or realty so sold to the purchaser. Such
report shall set forth the name, residence, and age of such ward, and of the person in whose
custody he is, and the name and residence of the adult next of kin of said ward, resident
in the state and not interested in such sale; if there be more than one such next of kin of
the same degree, such report must set forth the names and residences of all of them resident
in this state. (Code 1907, §5254; Code 1923, §9358; Code 1940, T. 47, §220.)...
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43-2-335
Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing.
Before granting such order, the court must require the administrator to file a petition under
oath, setting forth the facts upon which the application is based; and, upon the filing of
such petition, the court must appoint a day for the hearing of the same, and must give 10
days' notice thereof by advertisement in some newspaper published in the county, or if there
be no newspaper published in the county, then by posting the notice at the courthouse door.
On the day appointed, the court must proceed to hear and determine the same upon the evidence
adduced by the petitioner, or the other parties in interest, and any other evidence that the
court may, in its discretion, cause to be adduced. Unless good cause be shown to the contrary,
the court must grant such order, and must require the petitioner to return a written report
of such hiring under oath, on or before a day specified in such order. (Code...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake
has been made in the description of lands of a decedent sold in good faith under an order
of the probate court, either in the petition, order or other proceedings, the court ordering
the sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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