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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26-2A-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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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child. (a) When
any minor or child against whom a petition has been filed seeking to commit the minor or child
to the custody of the department is initially brought before the juvenile court, the juvenile
court shall provide a copy of the petition and if requested, read the petition to the minor
or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform
those persons verbally and in writing of the date, time, and place of the next hearing to
be held in regard to the minor or child, the purpose of the hearing, the rights of the minor
or child at the hearing, and the possible consequences of the hearing. (b) The juvenile court
shall appoint a child's attorney for the minor or child. The juvenile court may appoint a
guardian ad litem in addition to the child's attorney. No statement made or act done by the
minor or child in the presence of the juvenile court prior to the minor...
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12-15-304
Section 12-15-304 Appointment by juvenile courts of guardians ad litem. (a) In all dependency
and termination of parental rights proceedings, the juvenile court shall appoint a guardian
ad litem for a child who is a party to the proceedings and whose primary responsibility shall
be to protect the best interests of the child. (b) The duties of the guardian ad litem include,
but shall not be limited to, the following: (1) Irrespective of the age of the child, meet
with the child prior to juvenile court hearings and when apprised of emergencies or significant
events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable
to the child, what is expected to happen before, during, and after each juvenile court hearing.
(2) Conduct a thorough and independent investigation. (3) Advocate for appropriate services
for the child and the family. (4) Attend all juvenile court hearings scheduled by the juvenile
court and file all necessary pleadings to facilitate...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether
arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after
the appointment of a conservator, including expenses of administration. (2) CONSERVATOR. A
person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause for a
protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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5-11A-32
Section 5-11A-32 Notice of transfer. (a) Within 30 days after the date of the transfer of the
fiduciary accounts, the transferor shall send written notice by first class mail to the last
known address (as then set forth on the records of the transferor, or if not set forth, as
may be determined by the transferor in the exercise of reasonable diligence) of the following
persons or entities: (1) For employee benefit plans, to the plan sponsors. (2) For individual
retirement accounts and retirement accounts for the self-employed, to the account owners.
(3) For agency and escrow accounts, to the principals. (4) For securities for which a transferor
bank serves as trustee, registrar, transfer agent or paying agent, to the issuers. (5) For
revocable trusts under agreement, to the settlors. (6) For irrevocable trusts under agreement,
to any co-fiduciary, to the settlor, to each current income beneficiary who is an adult, and
if a current income beneficiary is a minor, to a parent of the minor...
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26-2A-7
Section 26-2A-7 Delegation of powers by parent or guardian; parental authority. (a) A parent
who has custody, or a guardian, of a minor or incapacitated person, by a properly executed
power of attorney, may delegate to another person, for a period not exceeding one year, any
power regarding health, support, education, or maintenance of the person or property of the
minor child or ward, except the power to consent to marriage or adoption of a minor ward.
Temporary "delegation" of parental powers does not relieve the parent or guardian
of the primary responsibility for the minor or incapacitated person. (b) The provisions of
subsection (a) of this section shall not be used or construed to allow a parent or guardian
to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of
Title 44. (Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p.
455, §1.)...
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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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26-17-612
Section 26-17-612 Child as party; representation. (a) A minor child is a permissible party,
but is not a necessary party to a proceeding under this article. (b) The court shall appoint
a guardian ad litem to represent a minor or incapacitated child if the child is a party or
the court finds that the interests of the child are not adequately represented. (c) The court
shall appoint a guardian ad litem to represent a defendant who is a minor and who is not otherwise
represented by counsel. (Act 2008-376, p. 666, §2.)...
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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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