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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) Upon receipt
of a petition for appointment of a conservator or other protective order because of minority,
the court shall set a date for hearing. If the court determines at any time in the proceeding
that the interests of the minor are or may be inadequately represented, it may appoint an
attorney to represent the minor, giving consideration to the choice of the minor if 14 or
more years of age. An attorney appointed by the court to represent a minor may be granted
the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
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11-65-10
believes that it would be prudent to obtain the fingerprints of such persons. (16) A commission
shall report annually to the governing body of its sponsoring municipality and to such state
and federal authorities as shall be required by law. (17) Except as otherwise provided in
subdivisions (10) and (12), all books, records, maps, documents, and papers of a commission,
including those filed with such commission as well as those prepared by or for it, shall at
all times be open for the personal inspection of any officer of the state, the sponsoring
municipality or the host county or any official investigative body or committee of any thereof,
and no person having charge or custody thereof shall refuse this right to any officer or investigative
body or committee, and it shall be the express duty of such person to assist such officer
or committee in locating records or information. If any member of a commission violates the
provisions of this subdivision, he or she shall be subject...
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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-136
over the estate and business affairs which the person could exercise if present and not under
disability, except the power to make a will. Subject to subsection (c), those powers include,
but are not limited to, power to make gifts; to convey or release contingent and expectant
interests in property, including marital property rights and any right of survivorship incident
to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected
person as trustee, personal representative, custodian for minors, conservator, or donee
of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts
of property of the estate which may extend beyond the disability or life of the protected
person; to exercise options of the protected person to purchase securities or other property;
to exercise rights to elect options and change beneficiaries under insurance and annuity policies
and to surrender the policies for their cash value; to...
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26-2A-134
Section 26-2A-134 Notice. (a) On a petition for appointment of a conservator or other protective
order, the requirements for notice described in Section 26-2A-103 apply, but (i) if the person
to be protected has disappeared or is otherwise situated so as to make personal service
of notice impracticable, notice to the person must be given by publication as provided in
Section 26-2A-50, and (ii) if the person to be protected is a minor, the provisions of Section
26-2A-75 also apply. (b) Notice, as described in Section 26-2A-103, of any hearing on a petition
for an order subsequent to appointment of a conservator or other protective order must be
given to the protected person, any conservator of the protected person's estate, and any other
person as ordered by the court. (Acts 1987, No. 87-590, p. 975, ยง2-305.)...
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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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26-2B-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...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
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26-2A-81
Section 26-2A-81 Resignation, removal, and other post-appointment proceedings. (a) Any person
interested in the welfare of a ward or the ward, if 14 or more years of age, may petition
for removal of a guardian on the ground that removal would be in the best interest of the
ward or for any other order that is in the best interest of the ward. A guardian may petition
for permission to resign. A petition for removal or for permission to resign may, but need
not, include a request for appointment of a successor guardian. (b) Notice of hearing on a
petition for an order subsequent to appointment of a guardian must be given, as prescribed
in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court
may terminate the guardianship and make any further order that may be appropriate. (d) If
the court determines at any time in the proceeding that the interest of the ward...
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