26-9-8
Section 26-9-8 Procedure for appointment of guardian - Notice of filing of petition. Upon the filing of a petition for the appointment of a guardian under the provisions of this chapter, the court shall cause such notice to be given as provided by law. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §166.)...
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26-2A-113
Section 26-2A-113 Petition to compel visitation. (a) A relative may file a petition with the court to compel visitation with a ward from whom he or she has been isolated. (b) The petition shall be filed in the court having jurisdiction over the guardianship of the ward. (c) On motion of either the petitioner or the guardian or the court, the petition shall be transferred to the circuit court for the sole purpose of a determination of any relief under this division. (d) The petition shall state all of the following information: (1) The condition of the ward's physical and mental health, to the extent known by the petitioner. (2) The efforts to obtain visitation with the ward. (3) The proposed visitation that is sought. (4) The deficit or deficits, if any, in the ward's mental functions that are impaired and an identification of a link between the deficit or deficits and the ward's inability to respond knowingly and intelligently to queries about the requested visitation. (5) The names...
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26-5-2
Section 26-5-2 Partial settlement - When required; filing of account and vouchers by conservator; appointment of guardian ad litem for ward. If not otherwise directed, the conservator must, at least once in three years, file in the court of probate an account of his or her guardianship, accompanied with the vouchers showing his or her receipts and disbursements, which must be verified by affidavit. Upon the filing of such account and vouchers the court must appoint a guardian ad litem to represent the ward. (Code 1852, §2022; Code 1867, §2421; Code 1876, §2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940, T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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26-8-23
Section 26-8-23 Preparation, certification, and filing of record of proceedings; grant of guardianship or conservatorship and filing of transcript thereof; removal; powers of guardian or conservator as to recovery, receipt, etc., of property of minor or ward. If the removal authorized is of the person and property of the minor or ward, a transcript of the record of the proceedings must be made and certified and filed in the court of probate of the county to which the removal is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship or conservatorship of the person or conservatorship of property of the minor or ward, and on such grant being made and a transcript thereof, duly certified, being filed in the court of probate authorizing the removal, such removal may be made. The conservator so appointed has full authority to demand, recover, and receive the property of the minor or ward from and after the making of the removal. (Code 1886, §2486;...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents - When removal of person and estate of minor or ward permitted. The guardian may remove the person or the conservator may remove the estate of a minor or ward to another state by making a full settlement with the judge of the probate court where his or her letters were granted of his or her conservator accounts and by procuring a transcript of the record of a court of competent jurisdiction of such other state, certified according to the act of Congress, showing the appointment of such person as guardian or conservator of the minor or ward, the execution of bond by the conservator with surety for the performance of the trust. Thereupon, the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469; Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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26-9-17
Section 26-9-17 Compensation of guardian generally. Compensation payable to a guardian shall not exceed five percent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian, the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the administration in the manner provided in Section 26-9-14. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his or her ward reasonable premiums paid by him or her to any corporate surety upon his or her bond. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §171.)...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian prohibited; participation in proceedings; right to counsel; assistance in preparing petition; confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal; no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not or cannot for any reason, obtain consent from either of her parents or legal guardian, may petition, on her own behalf, the juvenile court, or the court of equal standing, in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this chapter. Notice by the court to the minor's parents, parent, or legal guardian shall not be required or permitted. The requirements and procedures under this chapter shall apply and are available only to minors who...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided by subsection (e), an incapacitated person or any person interested in the welfare of the incapacitated person may petition for appointment of a limited or general guardian. (b) After the filing of a petition, the court shall set a date for hearing on the issue of incapacity so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated person is represented by counsel, appoint an attorney to represent the person in the proceeding. The person so appointed may be granted the powers and duties of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician or other qualified person appointed by the court who shall submit a report in writing to the court. The person alleged to be incapacitated also shall be interviewed by a court representative sent by the court. The court representative also shall interview the person who...
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26-2A-75
Section 26-2A-75 Procedure for court-appointment of guardian of minor. (a) A minor or any person interested in the welfare of the minor may petition for appointment of a guardian. (b) After the filing of a petition, the court shall set a date for hearing, and the petitioner shall give notice of the time and place of hearing the petition in the manner prescribed by Section 26-2A-50 to: (1) The minor, if 14 or more years of age and not the petitioner; (2) Any person alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition; and (3) Any living parent of the minor. (c) Upon hearing, if the court finds that a suitable person seeks appointment, venue is proper, the required notices have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and best interest of the minor will be served by the requested appointment, it shall make the appointment and issue letters. In other cases, the court may dismiss the...
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