Code of Alabama

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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to construe
a power of attorney, determine the validity of a power of attorney, or review the agent's
conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator,
or other fiduciary acting for the principal; (3) a person authorized to make health care decisions
for the principal; (4) the principal's spouse, parent, or descendant; (5) an individual who
would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary
to receive any property, benefit, or contractual right on the principal's death or as a beneficiary
of a trust created by or for the principal that has a financial interest in the principal's
estate; (7) a governmental agency having regulatory authority to protect the welfare of the
principal; (8) the principal's caregiver or another person that demonstrates sufficient interest
in the principal's welfare; (9) a person asked to...
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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.)...
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27-13-43
Section 27-13-43 Review of final orders of commissioner. Any final order made by the commissioner
as provided by law may, upon appropriate petition filed by the Attorney General on behalf
of the state or by any interested party, at any time within 30 days from the date of said
order, be reviewed by the Circuit Court of Montgomery County, Alabama, on a writ of certiorari.
Upon the filing of such petition, the petitioner shall file with the register or clerk of
said court a bond, with good and sufficient sureties, to be approved by the register or clerk,
conditioned to pay all costs which may be assessed against the petitioner in such proceedings.
The Circuit Court of Montgomery County, Alabama, or the Court of Civil Appeals of Alabama,
on appeal to it, may affirm said order or modify or repeal the same, in whole or in part.
From the judgment of the Circuit Court of Montgomery County, Alabama, either the state or
the interested party taking the appeal may appeal directly to the Court of...
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27-13-81
Section 27-13-81 Review of final orders of commissioner. Any final order made by the commissioner
as provided by law may, upon appropriate petition filed by the Attorney General on behalf
of the state or by any interested party at any time within 30 days from the date of said order,
be reviewed by the Circuit Court of Montgomery County, Alabama, on a writ of certiorari. Upon
the filing of such petition, the petitioner shall file with the register or clerk of said
court a bond, with good and sufficient sureties, to be approved by the register or clerk,
conditioned to pay all costs which may be assessed against the petitioner in such proceedings.
The Circuit Court of Montgomery County, Alabama, or the Court of Civil Appeals of Alabama,
on appeal to it, may affirm said order or modify or repeal the same, in whole or in part.
From the judgment of the Circuit Court of Montgomery County, Alabama, either the state or
the interested party taking the appeal may appeal directly to the Court of...
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38-9-5
Section 38-9-5 Emergency protective services. When there is brought to the attention of a county
department of human resources a person who is unable, because of physical or mental disabilities,
to provide for his basic needs for shelter, food, clothing or health care, and whose health
or safety is in immediate danger, the department may arrange for protective services with
the consent of the person. If the person is incapable of giving consent or does not consent,
the department shall petition the court for an order authorizing the department to arrange
for care for such person immediately. Upon a determination by the court that such care is
urgently and immediately necessary to protect the health or safety of the person, an appropriate
order of the court shall be issued authorizing the department to arrange for the placement
of such person in an approved foster home, licensed nursing home or other similar facility
immediately. At the proceeding to obtain the necessary order, any...
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15-22-92
Section 15-22-92 Transfer of records. The record of a person pertaining only to the conviction
for which a pardon is granted under this article shall be ordered transferred by a court of
competent jurisdiction to the Alabama Department of Archives and History for confidential
keeping upon petition by the person to whom the pardon was granted, or if deceased, by his
or her legal representative who can show proof that the transfer was requested or desired
by the deceased person prior to his or her death. The court shall order the transfer on a
form provided by the Administrative Office of Courts. Every agency with records relating to
the arrest, charge, or other matters arising out of the arrest or charge or relating to the
conviction or other matters arising out of the conviction that are ordered to be transferred
shall certify to the court within 60 days of the entry of the transfer order that the required
transfer action has been completed. All orders enforcing the transfer procedure...
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26-2A-105
Section 26-2A-105 Findings; order of appointment. (a) The court shall exercise the authority
conferred in this division so as to encourage the development of maximum self-reliance and
independence of the incapacitated person and make appointive and other orders only to the
extent necessitated by the incapacitated person's mental and adaptive limitations or other
conditions warranting the procedure. (b) The court may appoint a guardian as requested if
it is satisfied that the person for whom a guardian is sought is incapacitated and that the
appointment is necessary or desirable as a means of providing continuing care and supervision
of the person of the incapacitated person. The court, on appropriate findings, may (i) treat
the petition as one for a protective order under Section 26-2A-130 and proceed accordingly,
(ii) enter any other appropriate order, or (iii) dismiss the proceedings. (c) The court, at
the time of appointment or later, on its own motion or on appropriate petition or...
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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...
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26-2B-401
Section 26-2B-401 Recording of guardianship orders. If a guardian has been appointed in another
state and a petition for the appointment of a guardian is not pending in this state, the guardian
appointed in the other state, after giving notice to the appointing court of an intent to
register, may record the guardianship order in this state by recording as a foreign judgment
in a court, in any appropriate county of this state, certified copies of the order and letters
of office. (Act 2010-500, p. 782, §1.)...
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