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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26-8-43
Section 26-8-43 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Settlement of conservatorship of conservator within
state. If such minor or ward has a conservator in this state appointed by the court or subject
to the jurisdiction of the court, an order must be made and entered requiring such conservator
to make a final settlement of this conservatorship. (Code 1876, §2801; Code 1886, §2492;
Code 1896, §2377; Code 1907, §4467; Code 1923, §8240; Code 1940, T. 21, §112; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing.
On the filing of the application, the court must make and enter an order appointing the day
for the hearing thereof. If the owner of the land resides within the state, the court must
issue notice to him of the application and of the day of the hearing thereof, which must be
served by the sheriff or other legal officer at least 10 days before the day appointed for
the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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12-15-503
Section 12-15-503 Recommendation by county team; decision by juvenile court of multiple needs
child. (a) Within 21 days of receipt of a juvenile court referral or within another time specified
by the juvenile court, the county team shall present to the juvenile court a plan of services
addressing the needs of the child referred to the county team and the respective responsibilities
of departments, agencies, and organizations composing this county team. Upon receipt of this
plan, the juvenile court may find the child a multiple needs child. When the juvenile court
finds it is in the best interests of the multiple needs child, the juvenile court may order
the use of any dispositional alternative or service available for dependent children, delinquent
children, or children in need of supervision, children who are emotionally disturbed, children
with an intellectual disability or mental illness, or children who need specialized educational
services, or children who need health services, or...
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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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26-2A-111
Section 26-2A-111 Proceedings subsequent to appointment; venue. (a) The court at the place
where the ward resides has concurrent jurisdiction with the court that appointed the guardian
or in which acceptance of a parental or spousal appointment was filed over resignation, removal,
accounting, and other proceedings relating to the guardianship, including proceedings to limit
the authority previously conferred on a guardian or to remove limitations previously imposed.
(b) If the court at the place where the ward resides is not the court in which acceptance
of appointment is filed, the court in which proceedings subsequent to appointment are commenced,
in all appropriate cases, shall notify the other court, in this or another state, and after
consultation with that court determine whether to retain jurisdiction or transfer the proceedings
to the other court, whichever may be in the best interest of the ward. A copy of any order
accepting a resignation, removing a guardian, or altering...
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26-2A-80
Section 26-2A-80 Proceedings subsequent to appointment; venue. (a) The court at the place where
the ward resides has concurrent jurisdiction with the court that appointed the guardian or
in which acceptance of a parental appointment was filed over resignation, removal, accounting,
and other proceedings relating to the guardianship. (b) If the court at the place where the
ward resides is neither the appointing court nor the court in which acceptance of appointment
is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate
cases shall notify the other court, in this or another state, and after consultation with
that court determine whether to retain jurisdiction or transfer the proceedings to the other
court, whichever is in the best interest of the ward. A copy of any order accepting a resignation
or removing a guardian must be sent to the appointing court or the court in which acceptance
of appointment is filed. (Acts 1987, No. 87-590, p. 975,...
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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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26-9-5
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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43-2-502
Section 43-2-502 Filing of account, etc. - Generally. In making settlements of an administration,
the executor or administrator must proceed as follows: He must make out an account between
himself and the estate he represents, charging himself with all the assets of the deceased
which have come into his possession, except the lands, and crediting himself with all the
credits he is by law entitled to; which account, verified by his oath, must be filed with
the judge of probate of the court having jurisdiction. With such account he must also file
written evidence in his possession, on which he relies to sustain the credit side of such
account, which may consist of an affidavit or any other legal evidence, in the discretion
of the executor or administrator. He must, at the same time, file a statement, on oath, of
the names of the heirs and legatees of such estate, specifying particularly which are under
the age of 19 years; and, if any of them are persons of unsound mind, it must be...
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