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26-8-42
Section 26-8-42 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Entry of order of removal. The court, if satisfied of
the truth of the application and that the transcript of the appointment of the conservator
in the state of the residence of the parent or conservator is in due form and properly certified
and that the court making the appointment has jurisdiction, must make an order authorizing
the removal of the property of the minor or ward and authorizing such conservator to receive
the same. (Code 1886, §2491; Code 1896, §2376; Code 1907, §4466; Code 1923, §8239; Code
1940, T. 21, §111; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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30-3D-201
Section 30-3D-201 Bases for jurisdiction over nonresident. (a) In a proceeding to establish
or enforce a support order or to determine parentage of a child, a tribunal of this state
may exercise personal jurisdiction over a nonresident individual or the individual's guardian
or conservator if: (1) the individual is personally served with summons within this state;
(2) the individual submits to the jurisdiction of this state by consent in a record, by entering
a general appearance, or by filing a responsive document having the effect of waiving any
contest to personal jurisdiction; (3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal expenses or support for the
child; (5) the child resides in this state as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the child may have been
conceived by that act of intercourse; (7) the individual asserted...
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26-2A-75
Section 26-2A-75 Procedure for court-appointment of guardian of minor. (a) A minor or any person
interested in the welfare of the minor may petition for appointment of a guardian. (b) After
the filing of a petition, the court shall set a date for hearing, and the petitioner shall
give notice of the time and place of hearing the petition in the manner prescribed by Section
26-2A-50 to: (1) The minor, if 14 or more years of age and not the petitioner; (2) Any person
alleged to have had the principal care and custody of the minor during the 60 days preceding
the filing of the petition; and (3) Any living parent of the minor. (c) Upon hearing, if the
court finds that a suitable person seeks appointment, venue is proper, the required notices
have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and
best interest of the minor will be served by the requested appointment, it shall make the
appointment and issue letters. In other cases, the court may dismiss the...
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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...
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26-2A-100
Section 26-2A-100 Appointment of guardian for incapacitated person by will or other writing.
(a) The parent of an unmarried incapacitated person may appoint by will, or other writing
signed by the parent and attested by at least two witnesses or acknowledged, a guardian of
the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated,
a parental appointment becomes effective when, after having given seven days' prior written
notice of intention to do so to the incapacitated person and to the person having the care
of the person or to the nearest adult relative residing in this state, the guardian files
acceptance of appointment in the court in which the will is probated, or in the case of a
nontestamentary nominating instrument, in the court at the place where the incapacitated person
resides or is present. If both parents are dead, an effective appointment by the parent who
died later has priority. (b) The spouse of a married incapacitated person...
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26-2A-72
Section 26-2A-72 Objection by minor of 14 or older to parental appointment. A minor 14 or more
years of age who is the subject of a parental appointment may prevent the appointment or cause
it to terminate by filing in the court in which the nominating instrument is filed a written
objection to the appointment before it is accepted or within 30 days after receiving notice
of its acceptance. An objection may be withdrawn. An objection does not preclude appointment
by the court in a proper proceeding of the parental nominee or any other suitable person.
(Acts 1987, No. 87-590, p. 975, §2-103.)...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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