26-2A-107
Section 26-2A-107 Emergency orders; temporary guardians. (a) If an incapacitated person has
no guardian, an emergency exists, and no other person appears to have authority to act in
the circumstances, on appropriate petition the court, without notice, may appoint a temporary
guardian whose authority may not extend beyond 30 days and who may exercise those powers granted
in the order. (b) If the appointed guardian is not effectively performing duties and the court
further finds that the welfare of the incapacitated person requires immediate action, it may
appoint, with or without notice, a temporary guardian for the incapacitated person having
the powers of a general guardian for a specified period not to exceed six months. The authority
of any permanent guardian previously appointed by the court is suspended as long as a temporary
guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary
guardian shall make any report and comply with any conditions...
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26-2B-209
Section 26-2B-209 Proceedings in more than one state. Except for a petition for the appointment
of a guardian in an emergency or issuance of a protective order limited to property located
in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition
for the appointment of a guardian or issuance of a protective order is filed in this state
and in another state and neither petition has been dismissed or withdrawn, the following rules
apply: (1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed
with the case unless a court in another state issues an order establishing jurisdiction under
provisions similar to Section 26-2B-203 before the appointment or issuance of an order by
the court in this state. (2) If the court in this state does not have jurisdiction under Section
26-2B-203, whether at the time the petition is filed or at any time before the appointment
or issuance of the order, the court shall stay the proceeding...
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22-57-4
Section 22-57-4 Alabama Interagency Autism Coordinating Council - Composition. (a) The composition
of the council shall reflect the racial, gender, geographic, urban and rural, and economic
diversity of the state and shall include all of the following: (1) Three adult individuals
with ASD, appointed by the Governor. (2) Three individuals who are the parent or guardian
of a child with ASD, appointed by the Governor. (3) Five individuals who are service providers,
appointed by the Governor. (4) One member of the Senate, appointed by the President of the
Senate. (5) One member of the House of Representatives, appointed by the Speaker of the House.
(6) The chief executive officer, or his or her designee, of each of the following participating
agencies: a. The Alabama Department of Early Childhood Education. b. The Alabama Institute
for Deaf and Blind. c. The Alabama Department of Education. d. The Alabama Department of Human
Resources. e. The Alabama Department of Insurance. f. The Alabama...
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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...
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26-2A-156
Section 26-2A-156 Claims against protected person; enforcement. (a) A conservator may pay or
secure from the estate claims against the estate or against the protected person arising before
or after the conservatorship upon their presentation and allowance in accordance with the
priorities stated in subsection (d). A claim may be presented by either of the following methods:
(1) The claimant may deliver or mail to the conservator a written statement of the claim indicating
its basis, the name and mailing address of the claimant, and the amount claimed; or (2) The
claimant may file a written statement of the claim, in the form prescribed by rules of the
court, with the clerk of court and deliver or mail a copy of the statement to the conservator.
(b) A claim is deemed presented on the first to occur of receipt of the written statement
of claim by the conservator or the filing of the claim with the court. A presented claim is
presumed to be disallowed if receipt of the claim is not...
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35-5A-20
Section 35-5A-20 Accounting by and determining of liability of custodian. (a) A minor who has
attained the age of 14 years, the minor's guardian of the person or legal representative,
an adult member of the minor's family, a transferor, or a transferor's legal representative
may petition the court (1) for an accounting by the custodian or the custodian's legal representative;
or (2) for a determination of responsibility, as between the custodial property and the custodian
personally, for claims against the custodial property unless the responsibility has been adjudicated
in an action under section 35-5A-18 to which the minor or the minor's legal representative
was a party. (b) A successor custodian may petition the court for an accounting by the predecessor
custodian. (c) The court, in a proceeding under this chapter or in any other proceeding, may
require or permit the custodian or the custodian's legal representative to account. (d) If
a custodian is removed under section...
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43-2-448
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian. The person
appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in
writing the allegations contained in the application, and, if necessary, must employ counsel
to defend the interests of those he represents. He is entitled to reasonable compensation,
to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224; Code 1876,
§2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856; Code 1940,
T. 61, §251.)...
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43-8-71
Section 43-8-71 Right of election personal to surviving spouse. The right of election of the
surviving spouse may be exercised only by the surviving spouse during his lifetime. If a guardian,
custodian, curator, or conservator has been appointed for the surviving spouse, the right
of election may be exercised only by order of the court upon petition of the fiduciary or
upon the court's own initiative, after finding that exercise is necessary to provide adequate
support for the surviving spouse during his probable life expectancy. (Acts 1982, No. 82-399,
§2-203.)...
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15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have the
following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State
of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT
COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association,
corporation, or partnership of lawyers so licensed, executing a contract for the provision
of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding
in the trial or appellate courts of the state for which proceeding representation by counsel
is constitutionally required or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
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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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