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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26-5-30
Section 26-5-30 Partial settlement generally - Authorization and procedure generally. The court
of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator
to make partial settlement of his or her conservatorship. The conservator must have notice
of such requirement 10 days before the day appointed for his or her appearance by service
of process and may appear and show, if he or she can, that such settlement is not necessary.
(Code 1886, §2467; Code 1896, §2352; Code 1907, §4442; Code 1923, §8215; Code 1940, T.
21, §145; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-9-5
Section 26-9-5 Procedure for appointment of guardian - Filing of petition; contents thereof.
A petition for the appointment of a guardian may be filed in any court of competent jurisdiction
by or on behalf of any person who under existing law is entitled to priority of appointment.
If there is no person so entitled or if the person so entitled shall neglect or refuse to
file such a petition within 30 days after mailing of notice by the administration to the last
known address of such person indicating the necessity for the same, a petition for such appointment
may be filed in any court of competent jurisdiction by or on behalf of any responsible person
residing in this state. The petition for appointment shall set forth the name, age, place
of residence of the ward, the names and places of residence of the nearest relative, if known,
and the fact that such ward is entitled to receive moneys payable by or through the administration
and shall set forth the amount of moneys then due and...
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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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19-1A-2
or liability is itself an electronic record. (11) "Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities. (12) "Electronic communication" has the meaning set forth in 18 U.S.C.
Section 2510(12), as amended. (13) "Electronic-communication service" means a custodian
that provides to a user the ability to send or receive an electronic communication. (14) "Fiduciary"
means an original, additional, or successor personal representative, conservator, agent,
or trustee. (15) "Good faith" means honesty in fact and reasonable under the circumstances.
(16) "Information" means data, text, images, videos, sounds, codes, computer programs,
software, databases, or the like. (17) "Online tool" means an electronic service
provided by a custodian that allows the user, in an agreement distinct from the terms-of-service
agreement between the custodian and user, to provide directions for disclosure or nondisclosure
of...
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26-1A-118
Section 26-1A-118 Agent's resignation; notice. Unless the power of attorney provides a different
method for an agent's resignation, an agent may resign by giving notice to the principal and,
if the principal is incapacitated: (1) to the conservator, or guardian if there is no conservator,
if either has been appointed for the principal and a co-agent or successor agent; or (2) if
there is no person described in paragraph (1): (A) the principal's caregiver; (B) another
person reasonably believed by the agent to have sufficient interest in the principal's welfare;
or (C) a governmental agency having authority to protect the welfare of the principal. (Act
2011-683, p. 2015, §1.)...
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26-2A-155
Section 26-2A-155 Preservation of estate plan; right to examine. In (i) investing the estate,
(ii) selecting assets of the estate for distribution under subsections (a) and (b) of Section
26-2A-153, and (iii) utilizing powers of revocation or withdrawal available for the support
of the protected person and exercisable by the conservator or the court, the conservator and
the court shall take into account any estate plan of the protected person known to them, including
a will, any revocable trust of which the person is settlor, and any contract, transfer, or
joint ownership arrangement originated by the protected person with provisions for payment
or transfer of benefits or interests at the person's death to another or others. The conservator
may examine the will of the protected person. (Acts 1987, No. 87-590, p. 975, §2-326.)...

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26-5-31
Section 26-5-31 Partial settlement generally - Application of ward, etc., for partial settlement;
issuance of process to conservator as to hearing thereupon; dismissal of application. On the
application of the ward by next friend or the sureties on the conservator's bond, showing
satisfactory cause, the court may issue process to the conservator, requiring him or her to
appear and show cause why he or she should not make a partial settlement of his or her conservatorship,
of which process there must be service 10 days before the day appointed for the appearance
of the conservator. If, on the hearing, it should appear that there is no satisfactory cause
for ordering such settlement, the application must be dismissed at the costs of the next friend
or the sureties on the conservator's bond, as the case may be. (Code 1886, §2468; Code 1896,
§2353; Code 1907, §4443; Code 1923, §8216; Code 1940, T. 21, §146; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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35-6-81
Section 35-6-81 Report of sale by guardian to court. Within three months after making any such
sale, such guardian shall report the same under oath to the court having jurisdiction of his
administration of the estate of such ward. If the whole of the share of such ward in the proceeds
of such sale shall have been paid when such report is made, such fact shall be stated therein,
and the guardian shall therein apply to the court for authority to make a conveyance of the
interest of said ward in the lands or realty so sold to the purchaser. Such report shall set
forth the name, residence, and age of such ward, and of the person in whose custody he is,
and the name and residence of the adult next of kin of said ward, resident in the state and
not interested in such sale; if there be more than one such next of kin of the same degree,
such report must set forth the names and residences of all of them resident in this state.
(Code 1907, §5254; Code 1923, §9358; Code 1940, T. 47, §220.)...
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35-6-89
Section 35-6-89 Sale void unless to advantage of ward and confirmed by court. (a) If, on the
hearing of the report of sale by the guardian, it shall appear to the court that the sale
of any parcel of land or realty therein set forth is not to the advantage of the ward whose
interest is so sold, the court shall order such sale set aside, whereupon the same shall become
wholly void. (b) No sale or conveyance of lands under this article shall be valid to divest
the title of the minor or person of unsound mind on whose behalf it is made, unless such sale
or conveyance shall be confirmed as provided in this article. (Code 1907, §5262; Code 1923,
§9366; Code 1940, T. 47, §228.)...
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