26-2A-107
Section 26-2A-107 Emergency orders; temporary guardians. (a) If an incapacitated person has no guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, on appropriate petition the court, without notice, may appoint a temporary guardian whose authority may not extend beyond 30 days and who may exercise those powers granted in the order. (b) If the appointed guardian is not effectively performing duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may appoint, with or without notice, a temporary guardian for the incapacitated person having the powers of a general guardian for a specified period not to exceed six months. The authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary guardian shall make any report and comply with any conditions...
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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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26-2A-73
Section 26-2A-73 Court appointment of guardian of minor; conditions for appointment. (a) The court may appoint a guardian for an unmarried minor if all parental rights have been terminated or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71 whose appointment has not been prevented or nullified under Section 26-2A-72 has priority over any guardian who may be appointed by the court, but the court may proceed with another appointment upon a finding that the parental nominee has failed to accept the appointment within 30 days after notice of the guardianship proceeding. (b) If necessary, and on appropriate petition or application, the court may appoint a temporary guardian who shall have the full authority of a general guardian of a minor, but the authority of a...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents - When removal of person and estate of minor or ward permitted. The guardian may remove the person or the conservator may remove the estate of a minor or ward to another state by making a full settlement with the judge of the probate court where his or her letters were granted of his or her conservator accounts and by procuring a transcript of the record of a court of competent jurisdiction of such other state, certified according to the act of Congress, showing the appointment of such person as guardian or conservator of the minor or ward, the execution of bond by the conservator with surety for the performance of the trust. Thereupon, the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469; Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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26-2A-105
Section 26-2A-105 Findings; order of appointment. (a) The court shall exercise the authority conferred in this division so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's mental and adaptive limitations or other conditions warranting the procedure. (b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person. The court, on appropriate findings, may (i) treat the petition as one for a protective order under Section 26-2A-130 and proceed accordingly, (ii) enter any other appropriate order, or (iii) dismiss the proceedings. (c) The court, at the time of appointment or later, on its own motion or on appropriate petition or...
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26-8-22
Section 26-8-22 Hearing; entry of order authorizing removal or dismissal of application and taxing of costs against applicant. If, on the hearing, the court is satisfied that the removal will advance the interests of the minor or ward, an order authorizing it shall be made and entered; otherwise, the application shall be dismissed and the guardian or conservator or the next friend, as the application may be made by the one or the other, must be taxed with the costs. (Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2485; Code 1896, §2370; Code 1907, §4460; Code 1923, §8233; Code 1940, T. 21, §105; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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35-6-87
Section 35-6-87 Report of payment; order for conveyance. Within 30 days after receiving full payment for the interest of his ward in any land or realty so sold, such sale having been confirmed under the provisions of this article, the guardian of such ward must report such payment under oath to the court and apply for an order to make a proper conveyance of such interest to the purchaser. The court must examine such report and may also examine witnesses in relation thereto; if, upon such examination, it is satisfied that such payment has been made, it must make an order for such conveyance to be made by said guardian or by some other person, appointed by the court conveying all right, title, and interest of such ward in such land or realty at the time of such sale thereof. (Code 1907, §5260; Code 1923, §9364; Code 1940, T. 47, §226.)...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance of order by court; certification of minutes of court to Center for Health Statistics, etc. (a) The father may petition at the time of filing the declaration of legitimation or at any time subsequent to the determination of legitimation to change the name of such child, stating in his declaration the name it is then known by and the name he wishes it afterwards to have. Such petition shall be filed in the office of the judge of probate of the father's residence or the child's residence. (b) Upon the filing of the petition for name change, notice shall be given to the child's mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's mother shall, within 30 days after receiving notice, file her...
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26-2A-115
Section 26-2A-115 Hearing; orders. (a) In ruling on the petition, the court shall conduct a hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent visitation decision based on evidence presented. (b) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision and the ward expresses a desire for visitation with the petitioner, the court shall order visitation. (c) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision, but does not desire visitation with the petitioner, the court shall not order visitation. (d) If the court determines that the ward does not have capacity to make a knowing and intelligent visitation decision, the court shall determine whether to order visitation based on the best interest of the ward as determined by the evidence presented to the court. (e) The court shall order the petitioner to pay the court costs...
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35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for such hearing, or on any other day to which it may be continued the court must proceed to hear such report and the evidence for and against the confirmation of such sale. Such evidence shall be taken orally in open court at the time of the hearing or by deposition as in actions before the circuit court. If upon such hearing it shall appear to the satisfaction of the court that such sale as made is to the interest of the ward, the court shall make an order confirming the same, and, if it shall appear to the court that full payment has been made to the guardian for the interest of the minor in such sale, such order shall direct the guardian, or any other person appointed by the court, to make conveyance of the interest of the ward in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code 1940, T. 47, §224.)...
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