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26-2A-159
Section 26-2A-159 Payment of debt and delivery of property to foreign conservator without local
proceedings. (a) Any person indebted to a protected person or having possession of property
or of an instrument evidencing a debt, stock, or chose in action belonging to a protected
person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary
appointed by a court of the state of residence of the protected person upon being presented
with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:
(1) That no protective proceeding relating to the protected person is pending in this state;
and (2) That the foreign fiduciary is entitled to payment or to receive delivery. (b) If the
person to whom the affidavit is presented is not aware of any protective proceeding pending
in this state, payment or delivery in response to the demand and affidavit discharges the
debtor or possessor. (Acts 1987, No. 87-590, p. 975, §2-330.)...
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26-2A-77
Section 26-2A-77 Consent to service by acceptance of appointment; notice. By accepting a parental
or court appointment as guardian, a guardian submits personally to the jurisdiction of the
court in any proceeding relating to the guardianship that may be instituted by any interested
person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the
guardian at the guardian's address listed in the court records and to the address then known
to the petitioner. Letters of guardianship must indicate whether the guardian was appointed
by court order or parental appointment. (Acts 1987, No. 87-590, p. 975, §2-108.)...
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19-3D-9
Section 19-3D-9 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. COURT INVOLVEMENT.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7
(c), a beneficiary, or with respect to a charitable interest that is not entirely held by
or for the benefit of one or more identified and existing charitable organizations, the Attorney
General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise
of the decanting power is permitted under this chapter and consistent with the fiduciary duties
of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary
to determine whether the decanting power should be exercised under this chapter and to exercise
the decanting power; (3) approve an exercise of the...
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26-2A-158
Section 26-2A-158 Termination of proceedings. (a) The protected person, conservator, or any
other interested person may petition the court to terminate the conservatorship. A protected
person seeking termination is entitled to the same rights and procedures as in an original
proceeding for a protective order. If the conservator has accounted to the formerly protected
person, no accounting is necessary. The court, upon determining after notice and hearing that
the minority or disability of the protected person has ceased, shall terminate the conservatorship.
Upon termination, title to assets of the estate passes to the formerly protected person or
to successors. The order of termination must provide for expenses of administration and direct
the conservator to execute appropriate instruments to evidence the transfer. (b) A conservator
appointed by any court of this state, on termination or removal of the protected person's
minority or disability, may present a verified petition to the...
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26-2A-142
Section 26-2A-142 Compensation; reimbursement; court costs. (a) If not otherwise reasonably
compensated for services rendered, any court representative, attorney, physician, conservator,
or special conservator appointed in a protective proceeding and any attorney whose services
resulted in a protective order or in an order that was beneficial to a protected person's
estate is entitled to reasonable compensation from the estate. The conservator shall be allowed
from the estate of the protective person all reasonable premiums paid on his or her bond and
reimbursement of any court costs paid. (b) If not otherwise reasonably compensated for services
rendered, any court representative, attorney, physician appointed in a guardianship, and any
attorney whose services resulted in a guardianship order or in an order that was beneficial
to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed
from the estate of the ward for any court costs paid. (c) Except...
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45-44A-40.02
Section 45-44A-40.02 Hearing; appeal. (a) Within the time specified in the notice, but not
more than 30 days from the date the notice is given, any person, firm, association, or corporation
having an interest in the building or structure, accumulation and storage of junk, inoperable
motor vehicles or parts of inoperable motor vehicles, abandoned dwellings and mobile homes,
or litter around property and vacant lots, including, but not limited to, abandoned cars and
appliances may file a written request for a hearing before the city governing body, together
with his or her objections to the finding by the appropriate city official that due to safety
there maybe a public nuisance. The filing of the request shall hold in abeyance any action
on the finding of the city official until determination thereon is made by the governing body.
Upon holding the hearing, which hearing shall be held not less than 10 nor more than 30 days
after the request, or in the event no hearing is timely...
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26-2B-204
Section 26-2B-204 Special jurisdiction. (a) A court of this state lacking jurisdiction under
Section 26-2B-203 has special jurisdiction to do any of the following: (1) appoint a guardian
in an emergency for a term not exceeding 90 days for a respondent who is physically present
in this state; (2) issue a protective order with respect to real or tangible personal property
located in this state; (3) appoint a guardian or conservator for an incapacitated or protected
person for whom a provisional order to transfer the proceeding from another state has been
issued under procedures similar to Section 26-2B-301. (b) If a petition for the appointment
of a guardian in an emergency is brought in this state and this state was not the respondent's
home state on the date the petition was filed, the court shall dismiss the proceeding at the
request of the court of the home state, if any, whether dismissal is requested before or after
the emergency appointment. (c) The court may entertain successive...
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35-4-135
Section 35-4-135 Bona fide purchasers, etc., protected upon failure to record notice. If the
notice required by Sections 35-4-131 and 35-4-132 shall not be entered in the lis pendens
record, the action, proceeding, or application shall not affect the rights of a bona fide
purchaser, lessee, or mortgagee of any interest in such land or any person then or thereafter
asserting a lien against such land unless he or they have actual notice of the action, proceeding,
levy, or application. (Acts 1915, No. 77, p. 122; Code 1923, §6881; Code 1940, T. 47, §69;
Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §3.)...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
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35-6A-7
Section 35-6A-7 Request for partition by sale; purchase of interests. (a) In each petitioner's
initial pleading in a partition action, the petitioner shall state whether the petitioner
requests partition by sale. If the petitioner fails to so state, the petitioner shall be deemed
to have not requested partition by sale. (b) In each cotenant's initial responsive pleading,
the cotenant shall state whether the cotenant requests partition by sale. (1) If a cotenant
files a responsive pleading but fails to so state, the cotenant shall be deemed to have not
requested partition by sale. (2) If a guardian ad litem is appointed to represent one or more
cotenants including, but not limited to, unknown, unlocatable, and legally incapacitated cotenants,
the guardian ad litem may, but is not required to, state whether or not such cotenant requests
partition by sale, and the guardian ad litem shall have no liability for making or failing
to make the election. If a guardian ad litem files a...
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