26-2A-132
Section 26-2A-132 Venue. Venue for proceedings under this division is: (1) In the court at
the place in this state where the person to be protected resides whether or not a guardian
has been appointed in another place; or (2) If the person to be protected does not reside
in this state, in the court at any place where property of the person is located. (Acts 1987,
No. 87-590, p. 975, §2-203.)...
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26-2A-34
Section 26-2A-34 Records and certified copies. The clerk of court shall keep a record for each
ward or protected person involved in any document that may be filed with the court under this
chapter, including petitions, requests, and any orders or responses by the court relating
thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient
to enable users of the records to obtain adequate information. Upon payment of the required
fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator
or of any other document filed or recorded. Certificates relating to letters must show the
date of appointment. (Acts 1987, No. 87-590, p. 975, §1-305.)...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original
jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant
to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective
legal age to marry, to be employed, withdraw from school, or enlist in military service when
this consent is required by law. (3) Proceedings for the commitment of a minor or child with
mental illness or an intellectual disability to the Department of Mental Health, as provided
in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child
when these proceedings have been transferred from probate court as provided by law. (5) Proceedings
for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title
26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage
Act, Chapter 17 of Title 26. (7)...
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16-28-21
Section 16-28-21 Juvenile court jurisdiction. The juvenile court of the county shall have original
and exclusive jurisdiction of all prosecutions or proceedings arising under the provisions
of this article against or concerning any parent, guardian or other person having charge or
control of a child, or against or concerning any child or other person for the purpose of
enforcing the provisions of this article and effecting its objects, and all provisions of
Chapter 15 of Title 12 shall apply to prosecutions or proceedings arising under the provisions
and terms of this article. (School Code 1927, §320; Code 1940, T. 52, §316.)...
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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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26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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45-35A-51.32
Section 45-35A-51.32 Court proceedings. Orders of the personnel board may be enforced by mandamus,
injunction, quo warranto, or other appropriate proceedings, in any court of competent jurisdiction.
Any person or city official directly interested, within five days, may appeal to the Circuit
Court of Houston County from any order of the board by filing notice thereof with the board,
whereupon the board shall certify to a transcript of the proceedings before it and file the
same in the court. The findings of fact by the board, duly set forth in the transcript, if
supported by substantial evidence adduced before the board, after notice to the interested
party or parties and after affording such parties an opportunity to be heard, shall be conclusive
on any appeal. The issues on such appeal shall be made up under the directions of the court
and within 30 days after such transcript is filed in court; and the trial thereof shall proceed
on the evidence contained in such transcript, if it...
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26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
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26-2A-71
Section 26-2A-71 Parental appointment of guardian for minor. (a) The parent of an unmarried
minor may appoint a guardian for the minor by will, or other writing signed by the parent
and attested by at least two witnesses or acknowledged. (b) Subject to the right of the minor
under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent
has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes
effective when the guardian seasonably files an acceptance in the court in which a nominating
instrument is probated, or, in the case of a nontestamentary nominating instrument, in the
court at the place where the minor resides or is present. If two or more appointments are
made, the latter in time has priority, and if both parents are dead or incapacitated, an effective
appointment by the parent, who was eligible to make the appointment and who dies or became
incapacitated later in time, has priority. (c) A parental appointment...
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26-8-43
Section 26-8-43 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Settlement of conservatorship of conservator within
state. If such minor or ward has a conservator in this state appointed by the court or subject
to the jurisdiction of the court, an order must be made and entered requiring such conservator
to make a final settlement of this conservatorship. (Code 1876, §2801; Code 1886, §2492;
Code 1896, §2377; Code 1907, §4467; Code 1923, §8240; Code 1940, T. 21, §112; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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