26-2A-160
Section 26-2A-160 Foreign conservator; proof of authority; bond; powers. If a conservator has
not been appointed in this state and no petition in a protective proceeding is pending in
this state, a conservator appointed in the state in which the protected person resides may
file in a court of this state in a [county] in which property belonging to the protected person
is located, authenticated copies of letters of appointment and of any bond. Thereafter, the
domiciliary foreign conservator may exercise as to assets in this state all powers of a conservator
appointed in this state and may maintain actions and proceedings in this state subject to
any conditions imposed upon nonresident parties generally. (Acts 1987, No. 87-590, p. 975,
§2-331.)...
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26-2A-34
Section 26-2A-34 Records and certified copies. The clerk of court shall keep a record for each
ward or protected person involved in any document that may be filed with the court under this
chapter, including petitions, requests, and any orders or responses by the court relating
thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient
to enable users of the records to obtain adequate information. Upon payment of the required
fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator
or of any other document filed or recorded. Certificates relating to letters must show the
date of appointment. (Acts 1987, No. 87-590, p. 975, §1-305.)...
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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-154
Section 26-2A-154 Enlargement or limitation of powers of conservator. Subject to the restrictions
in Section 26-2A-136(c), a court having equity jurisdiction may confer on a conservator at
the time of appointment or later, in addition to the powers conferred by Sections 26-2A-152
and 26-2A-153, any power that the court itself could exercise under Sections 26-2A-136(b)(2)
and 26-2A-136(b)(3). The court, at the time of appointment or later, may limit the powers
of a conservator otherwise conferred by Sections 26-2A-152 and 26-2A-153 or previously conferred
by the court and may at any time remove or modify any limitation. If the court limits any
power conferred on the conservator by Section 26-2A-152 or Section 26-2A-153, or specifies,
as provided in Section 26-2A-148(a), that title to some but not all assets of the protected
person vests in the conservator, the limitation or specification of assets subject to the
conservatorship must be endorsed upon the letters of appointment. (Acts...
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26-5-12
a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination
of the ward's incapacity or on removal of his or her ward's disabilities of nonage by a court
of competent jurisdiction or, if the ward is married and has attained the age of 18 years,
or if the ward has died, present a verified petition to the court in which the conservatorship
is pending, praying for a final consent settlement by and between him or her and his or her
ward, or the ward's personal representative, if the ward has died. If such consent
settlement is agreed to by the ward, or the ward's personal representative, if the
ward has died, by a written instrument, signed by him or her and acknowledged as conveyances
of real estate are acknowledged, the court may approve such settlement without notice or publication
or posting. The agreement of the ward, or the ward's personal representative, if the
ward has died, may be expressed by joining in the petition with his or her...
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26-2A-130
Section 26-2A-130 Protective proceedings. (a) Upon petition and after notice and hearing in
accordance with the provisions of this division, the court may appoint a conservator or make
any other protective order for cause as provided in this section. (b) Appointment of a conservator
or other protective order may be made in relation to the estate and affairs of a minor if
the court determines that a minor owns funds or property requiring management or protection
that cannot otherwise be provided or has or may have business affairs that may be jeopardized
or prevented by minority, or that funds are needed for health, support, education, or maintenance
and that protection is necessary or desirable to obtain or provide funds. (c) Appointment
of a conservator or other protective order may be made in relation to the estate and affairs
of a person if the court determines that (i) the person is unable to manage property and business
affairs effectively for such reasons as mental illness,...
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26-2A-141
Section 26-2A-141 Effect of acceptance of appointment. By accepting appointment, a conservator
submits personally to the jurisdiction of the court in any proceeding relating to the estate
which may be instituted by any interested person. Notice of any proceeding must be delivered
to the conservator or mailed by registered or certified mail to the address as listed in the
petition for appointment or as thereafter reported to the court and to the address as then
known to the petitioner. (Acts 1987, No. 87-590, p. 975, §2-312.)...
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38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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26-2A-150
Section 26-2A-150 Sale, encumbrance, or transaction involving conflict of interest; voidable;
exceptions. Any sale or encumbrance to or purchase from a conservator, the spouse, agent,
attorney of a conservator, any person related to the conservator by blood or marriage within
the fourth degree, or any corporation, trust, or other organization in which the conservator
has a substantial beneficial interest, or any other transaction involving the estate being
administered by the conservator which is affected by a substantial conflict between fiduciary
and personal interests is voidable unless the transaction is approved by the court
after notice as directed by the court. (Acts 1987, No. 87-590, p. 975, §2-321.)...
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10A-5A-8.02
the transferable interest is not fixed by the limited liability company agreement, the limited
liability company, within six months after the death or 30 days after the disqualification
or transfer, as the case may be, shall make a written offer to pay to the holder of the transferable
interest a specified price deemed by the limited liability company to be the fair value of
the transferable interest as of the date of the death, disqualification, or transfer. The
offer shall be given to the personal representative of the estate of the deceased member,
the disqualified person, or the transferee, as the case may be, and shall be accompanied by
a balance sheet of the limited liability company, as of the latest available date and not
more than 12 months prior to the making of the offer, and a profit and loss statement of the
limited liability company for the 12 months' period ended on the date of the balance sheet.
(c) If within 30 days after the date of the written offer from the limited...
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