|
26-2-52
Section 26-2-52 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Appointment of date for hearing on application; notice to
guardian or conservator, etc. On the filing of such application, the court must appoint a
day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator
and the person at whose instance the inquisition was had and taken must be cited to appear
and show cause against it. (Code 1852, §2758; Code 1867, §3197; Code 1876, §2804; Code
1886, §2398; Code 1896, §2263; Code 1907, §4353; Code 1923, §8111; Code 1940, T. 21, §17;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-52.htm - 1K - Match Info - Similar pages
26-5-31
Section 26-5-31 Partial settlement generally - Application of ward, etc., for partial settlement;
issuance of process to conservator as to hearing thereupon; dismissal of application. On the
application of the ward by next friend or the sureties on the conservator's bond, showing
satisfactory cause, the court may issue process to the conservator, requiring him or her to
appear and show cause why he or she should not make a partial settlement of his or her conservatorship,
of which process there must be service 10 days before the day appointed for the appearance
of the conservator. If, on the hearing, it should appear that there is no satisfactory cause
for ordering such settlement, the application must be dismissed at the costs of the next friend
or the sureties on the conservator's bond, as the case may be. (Code 1886, §2468; Code 1896,
§2353; Code 1907, §4443; Code 1923, §8216; Code 1940, T. 21, §146; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-31.htm - 1K - Match Info - Similar pages
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
19-1A-14
Section 19-1A-14 (Effective January 1, 2018) Disclosure of digital assets to conservator of
protected person. (a) After an opportunity for a hearing, the court may grant a conservator
access to the digital assets of a protected person. (b) Unless otherwise ordered by the court
or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic
communications sent or received by a protected person and any digital assets, other than the
content of electronic communications, in which the protected person has a right or interest
if the conservator gives the custodian: (1) a written request for disclosure in physical or
electronic form; (2) a copy of the court order that gives the conservator authority over the
digital assets of the protected person; and (3) if requested by the custodian: (A) a number,
username, address, or other unique subscriber or account identifier assigned by the custodian
to identify the account of the protected person; or (B) evidence...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1A-14.htm - 1K - Match Info - Similar pages
26-5-15
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders
or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever
any conservator shall file any annual, partial, or final settlement in any court having jurisdiction
thereof, the court shall, at the request of such conservator, require that notice thereof
be given in the same manner as required by law in cases of final settlements. Any order or
decree of the court on such settlement after such notice shall be final and conclusive as
to all items of receipts and disbursements and other transactions and matters shown therein
and as to all fees and compensation fixed or allowed to such conservator and attorney, and
appeals therefrom shall and must be taken in the manner provided for from any other final
decrees of such court. Thereafter, at any time prior to final settlement, the account may
be reopened by the court on motion or petition of the conservator or ward or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-15.htm - 1K - Match Info - Similar pages
26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-50.htm - 1K - Match Info - Similar pages
40-17-168.5
Section 40-17-168.5 Surety bond. (a) Upon approval of the application by the department, the
applicant must file with the department a surety bond. The bond amount for an applicant for
a license as a public seller of CNG/LNG or a fleet producer of CNG/LNG shall be a minimum
of twenty-five thousand dollars ($25,000) or in the approximate amount of twice the average
monthly tax liability, whichever is greater. (b) The department shall review the bond amounts
every five years beginning January 2023 to ensure that each public seller of CNG/LNG and each
fleet producer of CNG/LNG has posted a surety bond sufficient to cover twice the average monthly
tax liability as referenced in subdivision (a). Based upon this review or at any time that
the department determines that the bond amount is insufficient to cover twice the average
monthly tax liability, the commissioner may require an additional surety bond from any licensee
under one or more of the following circumstances: (1) The commissioner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-168.5.htm - 4K - Match Info - Similar pages
26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-53.htm - 1K - Match Info - Similar pages
18-1A-270
Section 18-1A-270 Application to probate court for order of condemnation; bond or security
and affidavit not required of state or counties; authority from Governor to bring suit. The
State of Alabama, or any county, municipality, the University of Alabama, Auburn University,
the University of Montevallo or any corporation organized under the laws of this state, or
any person or association of persons, proposing to take lands, or to acquire an interest or
easement therein, for any uses for which private property may be taken, may, if there be no
other mode of proceeding prescribed by law, apply to the probate court of the county in which
such lands, or a material portion thereof, may be situate, for an order of condemnation thereof
to such uses. The state or any county may institute and maintain the proceedings herein authorized,
in its own name, without giving bond or security or causing affidavit to be made, though the
same may be required if the action were between private citizens....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-270.htm - 1K - Match Info - Similar pages
26-2A-140
Section 26-2A-140 Terms and requirements of bonds. (a) The following requirements and provisions
apply to any bond required under Section 26-2A-139. (1) Sureties are jointly and severally
liable with the conservator and with each other. (2) By executing an approved bond of a conservator,
the surety consents to the jurisdiction of the court that issued letters to the primary obligor
in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety
as a party respondent. Notice of any proceeding must be delivered to the surety or mailed
by registered or certified mail to the address listed with the court at the place where the
bond is filed and to the address as then known to the petitioner. (3) On petition of a successor
conservator or any interested person, a proceeding may be initiated against a surety for breach
of the obligation of the bond of the conservator. (4) The bond of the conservator is not void
after the first recovery but may be proceeded...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-140.htm - 1K - Match Info - Similar pages
|