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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26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Authorization generally. When the parent, guardian,
or other person having legal custody of a minor child or incapacitated person resides without
the state or removed with such child from the state, becoming a resident of another state,
the court of probate or the circuit court, having jurisdiction of the estate of the minor
or ward has authority to order the removal of the property of the minor or ward to a conservator
in the state of the residence of the parent, guardian, or other person having legal custody
of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907,
§4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-2A-100
Section 26-2A-100 Appointment of guardian for incapacitated person by will or other writing.
(a) The parent of an unmarried incapacitated person may appoint by will, or other writing
signed by the parent and attested by at least two witnesses or acknowledged, a guardian of
the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated,
a parental appointment becomes effective when, after having given seven days' prior written
notice of intention to do so to the incapacitated person and to the person having the care
of the person or to the nearest adult relative residing in this state, the guardian files
acceptance of appointment in the court in which the will is probated, or in the case of a
nontestamentary nominating instrument, in the court at the place where the incapacitated person
resides or is present. If both parents are dead, an effective appointment by the parent who
died later has priority. (b) The spouse of a married incapacitated person...
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15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (a) The Alabama State Law Enforcement
Agency shall implement a system of active and passive electronic monitoring that identifies
the location of a monitored person and that can produce upon request reports or records of
the person's presence near or within a crime scene or prohibited area, the person's departure
from specified geographic limitations, or curfew violations by the offender. The Director
of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement
and administer this system of active electronic monitoring including establishing policies
and procedures to notify the person's probation and parole officer or other court-appointed
supervising authority when a violation of his or her electronic monitoring restrictions has
occurred. (b) The Board of Pardons and Paroles or a court may require, as a condition of release
on parole, probation, community corrections, court referral...
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26-14-6
Section 26-14-6 Temporary protective custody. A police officer, a law enforcement official,
or a designated employee of the State or County Department of Human Resources may take a child
into protective custody, or any person in charge of a hospital or similar institution or any
physician treating a child may keep that child in his or her custody, without the consent
of the parent or guardian, whether or not additional medical treatment is required, if the
circumstances or conditions of the child are such that continuing in his or her place of residence
or in the care and custody of the parent, guardian, custodian, or other person responsible
for the child's care presents an imminent danger to that child's life or health. However,
such official shall immediately notify the court having jurisdiction over juveniles of such
actions in taking the child into protective custody; provided, that such custody shall not
exceed 72 hours and that a court of competent jurisdiction and the...
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38-9-4
Section 38-9-4 Arrangements for protective services; liability of department for protective
services; services to conform to wishes of person to be served; duty of department to ascertain
persons in need of care and protection. (a) Protective services may be arranged when an adult
person is in need of care and protection because of danger to his health or safety; provided,
that nothing in this chapter shall be construed to mean that the department is chargeable
for the cost of such care except where such care is specifically provided for by law or departmental
regulations and funding exists for such purpose. All protective services shall be in conformity
with the wishes of the person to be served unless the person is unable or unwilling to accept
such services, and if the person is unable or unwilling to accept such services, the court
may order such services. The department may be required to provide or arrange for services
only for persons it is equipped to serve and agrees to serve....
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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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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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26-8-23
Section 26-8-23 Preparation, certification, and filing of record of proceedings; grant of guardianship
or conservatorship and filing of transcript thereof; removal; powers of guardian or conservator
as to recovery, receipt, etc., of property of minor or ward. If the removal authorized is
of the person and property of the minor or ward, a transcript of the record of the proceedings
must be made and certified and filed in the court of probate of the county to which the removal
is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship
or conservatorship of the person or conservatorship of property of the minor or ward, and
on such grant being made and a transcript thereof, duly certified, being filed in the court
of probate authorizing the removal, such removal may be made. The conservator so appointed
has full authority to demand, recover, and receive the property of the minor or ward from
and after the making of the removal. (Code 1886, §2486;...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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