26-2-52
Section 26-2-52 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Appointment of date for hearing on application; notice to
guardian or conservator, etc. On the filing of such application, the court must appoint a
day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator
and the person at whose instance the inquisition was had and taken must be cited to appear
and show cause against it. (Code 1852, §2758; Code 1867, §3197; Code 1876, §2804; Code
1886, §2398; Code 1896, §2263; Code 1907, §4353; Code 1923, §8111; Code 1940, T. 21, §17;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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36-20-8
Section 36-20-8 Register to be delivered to probate judge upon death, resignation, etc., of
notary; liability of person failing to deliver notary's register to probate judge on demand
generally. Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. (Code 1852, §860;
Code 1867, §1086; Code 1876, §1333; Code 1886, §1108; Code 1896, §3028; Code 1907, §5169;
Code 1923, §9245; Code 1940, T. 40, §8.)...
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26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
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26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
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26-8-52
Section 26-8-52 Foreign conservator to execute and deliver receipts for money or property removed
from state. When a foreign conservator receives any money or property to be removed to another
state under any of the provisions of this article, he or she shall execute and deliver to
the person or officer from whom he or she receives such money or property receipts therefor,
in duplicate, one of which must be by such person or officer duly forwarded by mail to the
presiding officer of the court from which such conservator received his or her appointment.
(Code 1896, §2386; Code 1907, §4476; Code 1923, §8249; Code 1940, T. 21, §121; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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27-24-7
Section 27-24-7 Estoppel of insurer to deny its power, etc. No corporation or insurer having
signed any such official bond or undertaking shall be permitted to deny its corporate or other
power to execute such instrument or incur such liability in any proceedings to enforce liability
against the insurer thereunder. (Code 1940, T. 41, §105; Acts 1971, No. 407, p. 707, §492.)...

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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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17-16-76
Section 17-16-76 Execution for costs. After the determination of the contest, the Clerk of
the House of Representatives must tax the costs accrued and certify the amount of each separate
item, the name of the person entitled thereto, and the result of such contest and the names
of the sureties on the bond for contest, to the clerk of the circuit court of Montgomery County,
and the clerk must thereupon issue execution against the unsuccessful party, which execution
must be made returnable in 30 days after its issue; and alias and pluries executions may be
issued as often as may be necessary. And if it be certified that the determination of the
contest was against the contestant, the execution must issue against the sureties on the bond
for the contest as well as against the contestant. (Code 1896, §1685; Code 1907, §491; Code
1923, §581; Code 1940, T. 17, §267; §17-15-63; amended and renumbered by Act 2006-570,
p. 1331, §83.)...
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