Code of Alabama

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26-2A-110
Section 26-2A-110 Removal or resignation of guardian; termination of incapacity. (a)
On petition of the ward or any person interested in the ward's welfare, or on its own motion,
the court, after hearing, may remove a guardian if to do so is in the best interest of the
ward. On petition of the guardian, the court, after hearing, may accept a resignation. (b)
An order adjudicating incapacity may specify a minimum period, not exceeding one year, during
which a petition for an adjudication that the ward is no longer incapacitated may not be filed
without special leave. Subject to that restriction, the ward or any person interested in the
welfare of the ward may petition for an order that the ward is no longer incapacitated and
for termination of the guardianship. A request for an order may also be made informally to
the court and any person who knowingly interferes with transmission of the request may be
adjudged guilty of contempt of court. (c) Upon removal, resignation, or death of the...
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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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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court.
The administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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26-2A-80
Section 26-2A-80 Proceedings subsequent to appointment; venue. (a) The court at the
place where the ward resides has concurrent jurisdiction with the court that appointed the
guardian or in which acceptance of a parental appointment was filed over resignation, removal,
accounting, and other proceedings relating to the guardianship. (b) If the court at the place
where the ward resides is neither the appointing court nor the court in which acceptance of
appointment is filed, the court in which proceedings subsequent to appointment are commenced
in all appropriate cases shall notify the other court, in this or another state, and after
consultation with that court determine whether to retain jurisdiction or transfer the proceedings
to the other court, whichever is in the best interest of the ward. A copy of any order accepting
a resignation or removing a guardian must be sent to the appointing court or the court in
which acceptance of appointment is filed. (Acts 1987, No. 87-590, p. 975,...
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26-2A-111
Section 26-2A-111 Proceedings subsequent to appointment; venue. (a) The court at the
place where the ward resides has concurrent jurisdiction with the court that appointed the
guardian or in which acceptance of a parental or spousal appointment was filed over resignation,
removal, accounting, and other proceedings relating to the guardianship, including proceedings
to limit the authority previously conferred on a guardian or to remove limitations previously
imposed. (b) If the court at the place where the ward resides is not the court in which acceptance
of appointment is filed, the court in which proceedings subsequent to appointment are commenced,
in all appropriate cases, shall notify the other court, in this or another state, and after
consultation with that court determine whether to retain jurisdiction or transfer the proceedings
to the other court, whichever may be in the best interest of the ward. A copy of any order
accepting a resignation, removing a guardian, or altering...
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26-2A-147
Section 26-2A-147 Accounts. Each conservator shall account to the court for administration
of the conservatorship upon resignation or removal and at other times as the court may direct,
but if not otherwise directed, the conservator must, at least once in three years, account
to the court. If the conservator shall die before making the accounting, the conservator's
personal representative will make the accounting, or if no personal representative has been
appointed, the sureties on the conservator's bond may proceed to make the accounting. On termination
or removal of the protected person's minority or disability, a conservator shall account to
the court or to the formerly protected person. An order after notice and hearing allowing
an intermediate account of a conservator is a final adjudication as to liabilities concerning
the matters considered in connection therewith. Thereafter, at any time prior to final settlement,
the account may be reopened by the court on motion or petition...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person,
whether arising in contract, tort, or otherwise, and liabilities of the estate which arise
at or after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court
of this state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective
proceeding who is trained in law, nursing, or social work, is an officer, employee, or special
appointee of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...

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26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without
state or removes minor or ward from state - Authorization generally. When the parent, guardian,
or other person having legal custody of a minor child or incapacitated person resides without
the state or removed with such child from the state, becoming a resident of another state,
the court of probate or the circuit court, having jurisdiction of the estate of the minor
or ward has authority to order the removal of the property of the minor or ward to a conservator
in the state of the residence of the parent, guardian, or other person having legal custody
of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907,
§4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except
as provided by subsection (e), an incapacitated person or any person interested in the welfare
of the incapacitated person may petition for appointment of a limited or general guardian.
(b) After the filing of a petition, the court shall set a date for hearing on the issue of
incapacity so that notices may be given as required by Section 26-2A-103, and, unless
the allegedly incapacitated person is represented by counsel, appoint an attorney to represent
the person in the proceeding. The person so appointed may be granted the powers and duties
of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician
or other qualified person appointed by the court who shall submit a report in writing to the
court. The person alleged to be incapacitated also shall be interviewed by a court representative
sent by the court. The court representative also shall interview the person who...
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