26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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19-3B-305
Section 19-3B-305 Appointment of representative. (a) If the court determines that an interest
is not represented under this article, or that the otherwise available representation might
be inadequate, then the court may appoint a guardian ad litem or other representative to receive
notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated,
or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad
litem or other representative may act on behalf of the individual represented with respect
to any matter arising under this chapter, whether or not a judicial proceeding concerning
the trust is pending. (c) In making decisions, a guardian ad litem or other representative
may consider general benefit accruing to the living members of the individual's family. (d)
A guardian ad litem or other representative may be appointed to represent several persons
or interests. (Act 2006-216, p. 314, §1.)...
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26-2A-52
Section 26-2A-52 Guardian ad litem. At any point in a proceeding, a court may appoint a guardian
ad litem to represent the interest of a minor or other person if the court determines that
representation of the interest otherwise would be inadequate. If not precluded by conflict
of interests, a guardian ad litem may be appointed to represent several persons or interests.
(Acts 1987, No. 87-590, p. 975, §1-403.)...
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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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35-4-323
Section 35-4-323 Application to compel conveyance - Notice to guardians of minor heirs. In
all cases in which minor heirs are interested in such application, notice thereof must be
given to the guardian; and, if there is no guardian, the judge must appoint a guardian ad
litem to protect their interest. (Code 1852, §1348; Code 1867, §1618; Code 1876, §2227;
Code 1886, §1874; Code 1896, §1072; Code 1907, §3444; Code 1923, §6949; Code 1940, T.
47, §39.)...
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43-2-531
Section 43-2-531 Issuance of citation; notice; when court required to examine, audit or restate
account. After stating such account, the court must issue a citation to such executor or administrator
to appear on a day therein named and file his accounts and vouchers for settlement or that
the account so stated will be passed, which must be served on him at least 10 days before
the day named therein; and must also give notice of such settlement by publication, as in
case of settlements voluntarily made by executors and administrators; and, if on the day named
such executor or administrator fails to appear and file his accounts and vouchers for settlement,
as required by law, the court must proceed to examine the account so stated and audit and,
if necessary, restate the same. (Code 1852, §§1818, 1819; Code 1867, §§2154, 2155; Code
1876, §§2525, 2526; Code 1886, §2156; Code 1896, §224; Code 1907, §2687; Code 1923, §5920;
Code 1940, T. 61, §317.)...
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43-2-556
Section 43-2-556 Issuance of citation; notice; when court required to examine, audit or restate
account. After stating such account, the court must issue citation to such executor or administrator
or, if dead, to his personal representative or, in case of his removal from the state, to
his sureties to appear on a day therein named and to file his account and vouchers for settlement,
or that the account so stated will be passed, which must be served on him, or, if dead, on
his personal representative or, in case of his removal from the state, his sureties at least
10 days before the day named therein; and must also give notice of such settlement by publication,
as in case of final settlements voluntarily made by executors or administrators; and if, on
the day named, such executor or administrator or, if dead, his personal representative or,
in case of his removal from the state, his sureties fail to appear and file his accounts and
vouchers for settlement, as required by law, the court...
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19-3-36
Section 19-3-36 Time for settlement; notice to creditors. Upon the filing of such account the
register or clerk must appoint a day, not less than 20 nor more than 60 days thereafter, to
hear and pass upon the account, and must give notice thereof by mail, postage prepaid, to
each creditor, his agent or attorney and to the assignor. (Code 1896, §4168; Code 1907, §6070;
Code 1923, §10407; Code 1940, T. 58, §24.)...
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26-8-24
Section 26-8-24 Settlement of conservatorship of former conservator and certification of transcript
thereof to probate court of county to which removal authorized. On the filing of such transcript,
the court must require the conservator of its appointment to make a final settlement of his
or her conservatorship; and when such settlement is made, the court must certify a transcript
thereof to the court of probate of the county to which the removal was authorized. (Code 1886,
§2487; Code 1896, §2372; Code 1907, §4462; Code 1923, §8235; Code 1940, T. 21, §107;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-9-15
Section 26-9-15 Removal of guardian for failure to file account of moneys received for ward,
etc. If any guardian shall fail to file any account of the moneys received by him or her from
the administration on account of his or her ward within 30 days after such account is required
by either the court or the administration or shall fail to furnish the administration a copy
of his or her accounts as required by this chapter, such failure shall be grounds for removal.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §170.)...
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