26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed, the court shall set the matter for a contested hearing to determine: (1) Whether the best interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person capable of being adopted by the petitioner in accordance with the requirements of this chapter. (3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested hearing by certified mail to all parties who have appeared before the court. The moving party and each petitioner shall be present at the contested hearing. The guardian ad litem shall appear and represent the interests of the adoptee. (c) The court may continue the hearing from time to time to permit notice to all parties, or to permit further discovery, observation, investigation, or consideration of any fact or circumstances...
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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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5-24-5
Section 5-24-5 Designation of agent. (a) By a signed writing, a party may designate one or more persons other than a party as his or her agent on an account. Unless the terms of the agency designation provide otherwise, the agency designation may be revoked or amended only by the party making the designation or by a guardian, conservator, or other fiduciary appointed by a court of the party's domicile and charged with the management of the account. (b) Unless the terms of an agency designation provide otherwise, the agent's authority survives disability, incompetency, and incapacity of the party making the agency designation. The agent may act for a disabled, incompetent, or incapacitated party until the authority of the agent is revoked. (c) Death of the party making the agency designation terminates the authority of an agent. (Acts 1997, No. 97-644, p. 1177, §1.)...
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12-15-305
Section 12-15-305 Right to counsel for petitioners or respondent parents, legal guardians, or legal custodians in dependency proceedings. THIS SECTION WAS CREATED BY ACT 2008-277 IN THE 2008 REGULAR SESSION, EFFECTIVE JANUARY 1, 2009. (a) Upon request and a finding of indigency, the juvenile court may appoint an attorney to represent the petitioner and may order recoupment of the fees of the attorney to be paid to the State of Alabama. (b) In dependency and termination of parental rights cases, the respondent parent, legal guardian, or legal custodian shall be informed of his or her right to be represented by counsel and, if the juvenile court determines that he or she is indigent, counsel shall be appointed where the respondent parent, legal guardian, or legal custodian is unable for financial reasons to retain his or her own counsel. (Act 2008-277, §18.)...
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26-10A-10
Section 26-10A-10 Persons whose consents or relinquishments are not required. Notwithstanding the provisions of Section 26-10A-7, the consent or relinquishment of the following persons shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee have been terminated by operation of law in accordance with the Alabama Child Protection Act, Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing and whose mental disability is likely to continue for so long a period that it would be detrimental to the adoptee to delay adoption until restoration of the parent's competency or capacity. The court must appoint independent counsel or a guardian ad litem for an incompetent parent for whom there has been no such prior appointment; (3) A parent who has relinquished his or her minor child to the Department of Human Resources or a...
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26-2A-142
Section 26-2A-142 Compensation; reimbursement; court costs. (a) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician, conservator, or special conservator appointed in a protective proceeding and any attorney whose services resulted in a protective order or in an order that was beneficial to a protected person's estate is entitled to reasonable compensation from the estate. The conservator shall be allowed from the estate of the protective person all reasonable premiums paid on his or her bond and reimbursement of any court costs paid. (b) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician appointed in a guardianship, and any attorney whose services resulted in a guardianship order or in an order that was beneficial to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed from the estate of the ward for any court costs paid. (c) Except...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian. The petition must include a copy of the court order appointing the petitioner as the plaintiff's guardian. (2) A court appointed conservator. The petition must include a copy of the court order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor agent appointed under the plaintiff's validly executed power of attorney who acts within the authority of the power of attorney. The petition shall include a copy of the power of attorney. (5) A health care proxy appointed under the plaintiff's...
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43-2-250
Section 43-2-250 Appointment. When, in any proceeding in any court, the estate of a deceased person must be represented, and there is no executor or administrator of such estate, or he is interested adversely thereto, it shall be the duty of the court to appoint an administrator ad litem of such estate for the particular proceeding, without bond, whenever the facts rendering such appointment necessary shall appear in the record of such case or shall be made known to the court by the affidavit of any person interested therein. (Code 1876, §2625; Code 1886, §2283; Code 1896, §352; Code 1907, §2818; Code 1923, §6057; Code 1940, T. 61, §165.)...
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26-2A-114
Section 26-2A-114 Investigation and report. Before ruling on the petition, the court may order the Department of Human Resources or the court representative to do any or all of the following: (1) Conduct interviews with the following: a. The ward b. All petitioners. c. The relatives of the ward. d. To the extent practical, neighbors and, if known, close friends of the ward. (2) Inform the ward of the contents of the petition. (3) Determine whether the ward has the capacity to consent to the requested visitation. (4) Determine whether the ward desires the proposed visitation. (5) Report to the court in writing, at least seven days before the hearing, concerning subdivisions (1) to (4), inclusive. (6) Mail, at least seven days before the hearing, a copy of the report referred to in subdivision (5) to all of the following: a. The petitioner or his or her attorney, if any. b. The guardian ad litem appointed to represent the ward for purposes of the petition for visitation. c. The guardian....
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided in Section 26-2A-154, a conservator shall have all of the powers conferred in this section and any additional powers now or hereafter conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor as to whom no one has parental rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor attains the age of 19 years, or the disabilities of nonage have been removed, but the parental rights so conferred on a conservator do not preclude appointment of a guardian as provided in Division 1 of this article. (b) A conservator without court authorization or confirmation may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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