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26-9-11
Section 26-9-11 Application of estate for support and maintenance of person other than ward.
A guardian shall not apply any portion of the estate of his or her ward for the support and
maintenance of any person other than his or her ward, except upon order of the court after
a hearing, notice of which has been given the proper office of the administration in the manner
provided in Section 26-9-14. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §173.)...
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26-2A-6
Section 26-2A-6 Facility of payment or delivery; notice of payment. (a) Any person under a
duty to pay or deliver money or personal property to a minor may perform the duty,
in amounts as provided in this subsection, by paying or delivering the money or personal
property to: (1) Any person having the care and custody of the minor and with whom the minor
resides; (2) A guardian of the minor; or (3) The judge of probate of the county in which the
minor resides, if a resident of this state, or, if a nonresident, to the judge of probate
or like officer of the county in which the debtor or creditor resides. Payments under this
subsection must not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in
a series of payments, and payments, by any person other than a conservator or judge, must
not exceed a maximum of $25,000 during the minority of the minor ward. The person obligated
to make payment is discharged of that duty or obligation by making the payment or delivery
and...
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26-2A-78
education, or maintenance, but a guardian is not personally liable for the ward's expenses
and is not liable to third persons by reason of the relationship for acts of the ward. (b)
In particular and without qualifying the foregoing, a guardian shall: (1) Become or remain
personally acquainted with the ward and maintain sufficient contact with the ward to know
of the ward's capacities, limitations, needs, opportunities, and physical and mental health;
(2) Take reasonable care of the ward's personal effects and commence protective proceedings
if necessary to protect other property of the ward; (3) Apply any available money of the ward
to the ward's current needs for health, support, education, or maintenance; (4) Conserve any
excess money of the ward for the ward's future needs, but if a conservator has been appointed
for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator
money of the ward to be conserved for the ward's future needs; and (5)...
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26-2A-153
shall consider recommendations relating to the appropriate standard of support, education,
and benefit for the protected person or dependents made by a parent or guardian, if any. The
conservator may not be surcharged for sums paid to persons or organizations furnishing support,
education, or maintenance to the protected person or a dependent pursuant to the recommendations
of a parent or guardian of the protected person unless the conservator knows that the parent
or guardian derives personal financial benefit therefrom, including relief from any
personal duty of support, or the recommendations are clearly not in the best interest
of the protected person. (2) The conservator shall expend or distribute sums reasonably necessary
for the health, support, education, or maintenance of the protected person and dependents
with due regard to (i) the size of the estate, the probable duration of the conservatorship,
and the likelihood that the protected person, at some future time, may be...
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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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43-8-112
Section 43-8-112 Family allowance. In addition to the right to homestead allowance and exempt
property, if the decedent was domiciled in this state, the surviving spouse and minor children
whom the decedent was obligated to support and children who were in fact being supported by
him are entitled to a reasonable allowance in money out of the estate for their maintenance
during the period of administration, which allowance may not continue for longer than one
year if the estate is inadequate to discharge allowed claims. The allowance may be paid as
a lump sum or in periodic installments. It is payable to the surviving spouse, if living,
for the use of the surviving spouse and minor and dependent children; otherwise to the children,
or persons having their care and custody; but in case any minor child or dependent child is
not living with the surviving spouse, the allowance may be made partially to the child or
his guardian or other person having his care and custody, and partially to...
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22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
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26-2A-108
Section 26-2A-108 General powers and duties of guardian. (a) Except as limited pursuant to
Section 26-2A-105(c), a guardian of an incapacitated person is responsible for health, support,
education, or maintenance of the ward, but is not liable to third persons by reason of that
responsibility for acts of the ward. In particular and without qualifying the foregoing, a
guardian has the same duties, powers, and responsibilities as a guardian for a minor as described
in Section 26-2A-78(b), (c), and (d). (b) Except as provided in Division 2A, in addition to
the duties, powers, and responsibilities of a guardian described in subsection (a), a guardian
of an incapacitated person has the power to limit or enforce the ward's right to visitation
or communication with anyone, including the right to receive visitors, telephone calls, and
personal mail. (Acts 1987, No. 87-590, p. 975, §2-209; Act 2016-404, §1.)...
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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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26-2-53
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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