|
26-2A-158
Section 26-2A-158 Termination of proceedings. (a) The protected person, conservator, or any
other interested person may petition the court to terminate the conservatorship. A protected
person seeking termination is entitled to the same rights and procedures as in an original
proceeding for a protective order. If the conservator has accounted to the formerly protected
person, no accounting is necessary. The court, upon determining after notice and hearing that
the minority or disability of the protected person has ceased, shall terminate the conservatorship.
Upon termination, title to assets of the estate passes to the formerly protected person or
to successors. The order of termination must provide for expenses of administration and direct
the conservator to execute appropriate instruments to evidence the transfer. (b) A conservator
appointed by any court of this state, on termination or removal of the protected person's
minority or disability, may present a verified petition to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-158.htm - 1K - Match Info - Similar pages
26-2A-136
Section 26-2A-136 Permissible court orders. (a) The court shall exercise the authority conferred
in this division to encourage the development of maximum self-reliance and independence of
a protected person and make protective orders only to the extent necessitated by the protected
person's mental and adaptive limitations and other conditions warranting the procedure. (b)
The court has the following powers that may be exercised directly or through a conservator
in respect to the estate and business affairs of a protected person: (1) While a petition
for appointment of a conservator or other protective order is pending and after preliminary
hearing and without notice, the court may preserve and apply the property of the person to
be protected as may be required for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for an appointment or other protective
order exists with respect to a minor without other disability, the court has...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-136.htm - 3K - Match Info - Similar pages
26-2A-142
Section 26-2A-142 Compensation; reimbursement; court costs. (a) If not otherwise reasonably
compensated for services rendered, any court representative, attorney, physician, conservator,
or special conservator appointed in a protective proceeding and any attorney whose services
resulted in a protective order or in an order that was beneficial to a protected person's
estate is entitled to reasonable compensation from the estate. The conservator shall be allowed
from the estate of the protective person all reasonable premiums paid on his or her bond and
reimbursement of any court costs paid. (b) If not otherwise reasonably compensated for services
rendered, any court representative, attorney, physician appointed in a guardianship, and any
attorney whose services resulted in a guardianship order or in an order that was beneficial
to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed
from the estate of the ward for any court costs paid. (c) Except...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-142.htm - 2K - Match Info - Similar pages
26-2A-131
Section 26-2A-131 Protective proceedings; jurisdiction of business affairs of protected persons.
Subject to Section 26-2A-31, after the service of notice in a proceeding seeking the appointment
of a conservator or other protective order and until termination of the proceeding, the court
in which the petition is filed has: (1) Exclusive jurisdiction to determine the need for a
conservator or other protective order until the proceedings are terminated; and (2) Exclusive
jurisdiction to determine how the estate of the protected person which is subject to the laws
of this state must be managed, expended, or distributed to or for the use of the protected
person, the protected person's dependents, or other claimants. (Acts 1987, No. 87-590, p.
975, §2-302; Act 2010-500, p. 782, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-131.htm - 1K - Match Info - Similar pages
26-2A-151
Section 26-2A-151 Persons dealing with conservators; protection. (a) A person who in good faith
either assists or deals with a conservator for value in any transaction other than those requiring
a court order as provided in Section 26-2A-136 is protected as if the conservator properly
exercised the power. The fact that a person knowingly deals with a conservator does not alone
require the person to inquire into the existence of a power or the propriety of its exercise,
but restrictions on powers of conservators which are endorsed on letters as provided in Section
26-2A-154 are effective as to third persons. A person is not bound to see to the proper application
of estate assets paid or delivered to a conservator. (b) The protection expressed in this
section extends to any procedural irregularity or jurisdictional defect occurring in proceedings
leading to the issuance of letters and is not a substitution for protection provided by comparable
provisions of the law relating to commercial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-151.htm - 1K - Match Info - Similar pages
26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-206.htm - 2K - Match Info - Similar pages
26-2B-402
Section 26-2B-402 Recording of protective orders. If a conservator has been appointed in another
state and a petition for a protective order is not pending in this state, the conservator
appointed in the other state, after giving notice to the appointing court of an intent to
record, may record the protective order in this state by recording as a foreign judgment in
a court of this state, in any county in which property belonging to the protected person is
located, certified copies of the order and letters of office and of any bond. (Act 2010-500,
p. 782, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-402.htm - 874 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-20.htm - 4K - Match Info - Similar pages
26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-302.htm - 3K - Match Info - Similar pages
26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-102.htm - 2K - Match Info - Similar pages
|