22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court;
special judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order
may be filed by the director of a state mental health facility or his designee at least 30
days prior to the expiration of the current commitment order. The petition, together with
a copy of the original commitment order and copies of any subsequent renewal commitment orders,
shall be filed with the probate court of the county where the facility is located. The petition
shall explain in detail why renewal of the order is being requested, and shall further explain
in detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or
may request that the case be heard by a special judge of probate. (c) Whenever and wherever
it shall become necessary that a special judge of probate be provided to hear and...
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26-2-55
Section 26-2-55 Revocation of guardianship or conservatorship - Upon application by
guardian or conservator. If, at any time after his or her appointment, the guardian or conservator
becomes satisfied that the incapacity of the ward has terminated, and is capable of managing
his or her estate and the judge of probate is of the opinion, from the proof and the facts
stated, that such representation is correct, the judge of probate must make an order that
the guardian or conservator be discharged and that the estate of the ward be restored to him
or her. (Code 1852, §2757; Code 1867, §3196; Code 1876, §2803; Code 1886, §2401; Code
1896, §2266; Code 1907, §4356; Code 1923, §8114; Code 1940, T. 21, §20; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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26-2A-70
Section 26-2A-70 Appointment and status of guardian of minor. A person may become a
guardian of a minor by parental appointment or upon appointment by the court. The guardianship
status continues until terminated, without regard to the location from time to time of the
guardian or minor ward. (Acts 1987, No. 87-590, p. 975, §2-101.)...
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26-1A-118
Section 26-1A-118 Agent's resignation; notice. Unless the power of attorney provides
a different method for an agent's resignation, an agent may resign by giving notice to the
principal and, if the principal is incapacitated: (1) to the conservator, or guardian if there
is no conservator, if either has been appointed for the principal and a co-agent or successor
agent; or (2) if there is no person described in paragraph (1): (A) the principal's caregiver;
(B) another person reasonably believed by the agent to have sufficient interest in the principal's
welfare; or (C) a governmental agency having authority to protect the welfare of the principal.
(Act 2011-683, p. 2015, §1.)...
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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint
a guardian or issue a protective order for a respondent if: (1) this state is the respondent's
home state; (2) on the date the petition is filed, this state is a significant-connection
state and: (A) the respondent does not have a home state or a court of the respondent's home
state has declined to exercise jurisdiction because this state is a more appropriate forum;
or (B) the respondent has a home state, a petition for an appointment or order is not pending
in a court of that state or another significant-connection state and before the court makes
the appointment or issues the order: (i) a petition for an appointment or order is not filed
in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed
by a person required to be notified of the proceeding; and (iii) the court in this state concludes
that it is an appropriate forum under the factors set forth in Section...
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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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19-3B-305
Section 19-3B-305 Appointment of representative. (a) If the court determines that an
interest is not represented under this article, or that the otherwise available representation
might be inadequate, then the court may appoint a guardian ad litem or other representative
to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor,
incapacitated, or unborn individual, or a person whose identity or location is unknown. (b)
A guardian ad litem or other representative may act on behalf of the individual represented
with respect to any matter arising under this chapter, whether or not a judicial proceeding
concerning the trust is pending. (c) In making decisions, a guardian ad litem or other representative
may consider general benefit accruing to the living members of the individual's family. (d)
A guardian ad litem or other representative may be appointed to represent several persons
or interests. (Act 2006-216, p. 314, §1.)...
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26-8-20
Section 26-8-20 Authorization generally. The court of probate or circuit court from
which letters of guardianship or conservatorship have issued has authority to order the removal
to another county of the person and property of a minor or ward if it is shown that such removal
will advance the interests of the minor or ward. (Code 1842, §2035; Code 1867, §2445; Code
1876, §2802; Code 1886, §2483; Code 1896, §2368; Code 1907, §4458; Code 1923, §8231;
Code 1940, T. 21, §103; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-9-16
Section 26-9-16 Discharge of guardian. When a minor ward for whom a guardian has been
appointed shall have attained his or her majority and has not been found incompetent and when
any incompetent ward has been rated competent by the administration, a certificate of the
administrator or his or her duly authorized representative to that effect shall be prima facie
evidence that a guardian is no longer required and the court, upon the guardian filing a satisfactory
final account, may discharge such guardian upon a petition filed for that purpose. Nothing
contained in this section shall be construed to prevent a ward from filing a petition
for the discharge of his or her guardian on the ground that the ward has attained majority
or is competent or the court from acting on its own motion in such cases. (Acts 1931, No.
240, p. 280; Code 1940, T. 21, §176.)...
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements.
(a) A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28
may file a petition requesting the sentencing juvenile court to enter an order relieving the
juvenile sex offender of the requirements pursuant to this chapter 25 years after the juvenile
sex offender is released from the custody of the Department of Youth Services or sentenced,
if the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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