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26-5-12
Section 26-5-12 Final consent settlement between conservator and ward. A conservator appointed
by any court of this state for a minor or incapacitated person may, on the arrival of his
or her ward at full age or on termination of the ward's incapacity or on removal of his or
her ward's disabilities of nonage by a court of competent jurisdiction or, if the ward is
married and has attained the age of 18 years, or if the ward has died, present a verified
petition to the court in which the conservatorship is pending, praying for a final consent
settlement by and between him or her and his or her ward, or the ward's personal representative,
if the ward has died. If such consent settlement is agreed to by the ward, or the ward's personal
representative, if the ward has died, by a written instrument, signed by him or her and acknowledged
as conveyances of real estate are acknowledged, the court may approve such settlement without
notice or publication or posting. The agreement of the ward, or...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal representative,
must file in the court of probate a full account of the conservatorship, accompanied by the
vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court
must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-9
Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof.
The court must appoint a day for the settlement, of which 10 days' notice must be given to
the succeeding conservator, if there is such conservator, or to the personal representative
of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state
and has arrived at full age or has been relieved of the disability of nonage or incapacity
has terminated, and to all sureties on the bond of such conservator, by the service of process,
and notice must also be given, as the court may direct, either by advertisement for three
successive weeks in some newspaper published in the county or for the same length of time
by posting notice at the courthouse door and at three other public places in the county. (Code
1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704,
p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2A-147
Section 26-2A-147 Accounts. Each conservator shall account to the court for administration
of the conservatorship upon resignation or removal and at other times as the court may direct,
but if not otherwise directed, the conservator must, at least once in three years, account
to the court. If the conservator shall die before making the accounting, the conservator's
personal representative will make the accounting, or if no personal representative has been
appointed, the sureties on the conservator's bond may proceed to make the accounting. On termination
or removal of the protected person's minority or disability, a conservator shall account to
the court or to the formerly protected person. An order after notice and hearing allowing
an intermediate account of a conservator is a final adjudication as to liabilities concerning
the matters considered in connection therewith. Thereafter, at any time prior to final settlement,
the account may be reopened by the court on motion or petition...
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26-5-10
Section 26-5-10 Final settlement generally - Examination of vouchers and auditing and stating
of account; taxing of costs for contest or examination where voucher or items rejected. On
the day appointed or on any other day to which the settlement may be continued, the court
must proceed to examine the vouchers and to audit and state the account, requiring evidence
in support of all such vouchers or items of the account as may be contested or as may not
on examination appear to the court to be just and proper, such evidence to be taken by affidavit
or in any other legal mode. If any voucher or item be rejected, all costs accruing on the
contest or examination thereof must be taxed against the conservator or his or her personal
representative and not against the ward or his or her estate. (Code 1886, §2462; Code 1896,
§2347; Code 1907, §4437; Code 1923, §8210; Code 1940, T. 21, §137; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether
arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after
the appointment of a conservator, including expenses of administration. (2) CONSERVATOR. A
person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause for a
protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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26-5-36
Section 26-5-36 Statement of account by court upon failure of conservator or personal representative
to file accounts and vouchers after notice. If a conservator, after notice, fails to file
his or her accounts and vouchers for a final or partial settlement or if the personal representative
of a conservator, after notice, fails to file the accounts and vouchers of his or her testator
or intestate for final settlement, the court of probate has authority to state an account
against the conservator or against his or her personal representative from the materials on
file or of record in the court and from such evidence as may be adduced, charging such conservator
with all wherewith he or she is by law chargeable and crediting him or her with all wherewith
by law he or she ought to be credited. (Code 1886, §2473; Code 1896, §2358; Code 1907, §4448;
Code 1923, §8221; Code 1940, T. 21, §151; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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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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