26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property within state - Authorization. The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be within this state if such person has been declared an incapacitated person by a court having jurisdiction in the state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code 1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-12
Section 26-5-12 Final consent settlement between conservator and ward. A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination of the ward's incapacity or on removal of his or her ward's disabilities of nonage by a court of competent jurisdiction or, if the ward is married and has attained the age of 18 years, or if the ward has died, present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between him or her and his or her ward, or the ward's personal representative, if the ward has died. If such consent settlement is agreed to by the ward, or the ward's personal representative, if the ward has died, by a written instrument, signed by him or her and acknowledged as conveyances of real estate are acknowledged, the court may approve such settlement without notice or publication or posting. The agreement of the ward, or...
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26-2B-403
Section 26-2B-403 Effect of recording. (a) Upon the recording of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers provided in Section 26-2A-160. (b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a recorded order. (Act 2010-500, p. 782, §1.)...
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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed guardian of an incapacitated person. (b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person's most recent nomination in a durable power of attorney. (c) Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed: (1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged; (2) An adult child of the incapacitated person; (3) A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated person with whom the person has resided for more than six months prior...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section 26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (1) any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) the...
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26-2B-202
Section 26-2B-202 Exclusive basis. This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. (Act 2010-500, p. 782, §1.)...
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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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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents - When removal of person and estate of minor or ward permitted. The guardian may remove the person or the conservator may remove the estate of a minor or ward to another state by making a full settlement with the judge of the probate court where his or her letters were granted of his or her conservator accounts and by procuring a transcript of the record of a court of competent jurisdiction of such other state, certified according to the act of Congress, showing the appointment of such person as guardian or conservator of the minor or ward, the execution of bond by the conservator with surety for the performance of the trust. Thereupon, the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469; Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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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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26-2A-136
Section 26-2A-136 Permissible court orders. (a) The court shall exercise the authority conferred in this division to encourage the development of maximum self-reliance and independence of a protected person and make protective orders only to the extent necessitated by the protected person's mental and adaptive limitations and other conditions warranting the procedure. (b) The court has the following powers that may be exercised directly or through a conservator in respect to the estate and business affairs of a protected person: (1) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice, the court may preserve and apply the property of the person to be protected as may be required for the support of the person or dependents of the person. (2) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has...
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