26-2A-151
Section 26-2A-151 Persons dealing with conservators; protection. (a) A person who in good faith
either assists or deals with a conservator for value in any transaction other than those requiring
a court order as provided in Section 26-2A-136 is protected as if the conservator properly
exercised the power. The fact that a person knowingly deals with a conservator does not alone
require the person to inquire into the existence of a power or the propriety of its exercise,
but restrictions on powers of conservators which are endorsed on letters as provided in Section
26-2A-154 are effective as to third persons. A person is not bound to see to the proper application
of estate assets paid or delivered to a conservator. (b) The protection expressed in this
section extends to any procedural irregularity or jurisdictional defect occurring in proceedings
leading to the issuance of letters and is not a substitution for protection provided by comparable
provisions of the law relating to commercial...
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26-3-14
Section 26-3-14 Reduction of conservator's bond upon partial settlement of estate. Upon the
filing of any partial settlement by the conservator of a minor or an incapacitated person
in the court in which such estate is pending, such conservator may pray for a reduction in
the amount of his or her bond as such conservator. Thereupon, the court must set a day for
the hearing of such partial settlement and must cause notices to be issued to all parties
in interest as is now provided by law for final settlements of such estates and, on the day
set for hearing, the court may fix the amount to which the bond shall be reduced, which shall
be determined as now provided by law for such bonds. (Acts 1939, No. 560, p. 883; Code 1940,
T. 21, §40; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2A-130
Section 26-2A-130 Protective proceedings. (a) Upon petition and after notice and hearing in
accordance with the provisions of this division, the court may appoint a conservator or make
any other protective order for cause as provided in this section. (b) Appointment of a conservator
or other protective order may be made in relation to the estate and affairs of a minor if
the court determines that a minor owns funds or property requiring management or protection
that cannot otherwise be provided or has or may have business affairs that may be jeopardized
or prevented by minority, or that funds are needed for health, support, education, or maintenance
and that protection is necessary or desirable to obtain or provide funds. (c) Appointment
of a conservator or other protective order may be made in relation to the estate and affairs
of a person if the court determines that (i) the person is unable to manage property and business
affairs effectively for such reasons as mental illness,...
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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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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
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26-5-33
Section 26-5-33 Final settlement generally - Authorization and procedure generally for compulsion
of settlement by conservator. On the termination of a conservatorship by the arrival of the
ward at full age by termination of the ward's incapacity or on the expiration of his or her
authority otherwise, the court of probate may issue process requiring the conservator to appear
at any time within 10 days after the service thereof, on a day named therein, and file his
or her accounts and vouchers for a final settlement. If the conservator resides without the
state, the court of probate may appoint a day for him or her to appear and file his or her
accounts and vouchers for a final settlement. (Code 1886, §2470; Code 1896, §2355; Code
1907, §4445; Code 1923, §8218; Code 1940, T. 21, §148; Acts 1987, No. 87-590, p. 975, §2-333(b).)...

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26-5-13
Section 26-5-13 Determination, allowance, etc., of conservator's and attorney's fees generally
- Annual, partial, or final settlements generally. Upon any annual, partial, or final settlement
made by any conservator, the court having jurisdiction thereof may fix, determine, and allow
the fees or other compensation to which such conservator is entitled from an estate up to
the time of such settlement and may also fix, determine, and allow an attorney's fee or compensation
to be paid from such estate to attorneys representing such conservator for services rendered
to the time of such settlement. (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 21, §139;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-35
Section 26-5-35 Proceedings upon failure of conservator to obey process to appear and file
accounts and vouchers. If a conservator fails to obey any process requiring him or her to
appear and file his or her accounts and vouchers for a final or partial settlement, the court
of probate may, by attachment, compel his or her appearance and may, if on appearance he or
she refuses to file such accounts and vouchers or to show good cause for his or her omission,
imprison him or her for a period not exceeding six months. (Code 1886, §2472; Code 1896,
§2357; Code 1907, §4447; Code 1923, §8220; Code 1940, T. 21, §150; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account
and vouchers. In case of the death of an executor or administrator who had not made a final
settlement of his executorship or administration, and where letters of administration or testamentary
have not been granted on his estate, the sureties on his official bond may proceed to make
settlement of his administration of said estate as executor or administrator in the probate
court having jurisdiction thereof by filing an account and vouchers for final settlement with
the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or
minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code
1923, §5935; Code 1940, T. 61, §330.)...
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