26-2A-79
Section 26-2A-79 Termination of appointment of guardian; general. A guardian's authority and
responsibility terminate upon the death, resignation, or removal of the guardian or upon the
minor's death, adoption, marriage, or attainment of majority, but termination does not affect
the guardian's liability for prior acts or the obligation to account for funds and assets
of the ward. Resignation of a guardian does not terminate the guardianship until it has been
approved by the court. (Acts 1987, No. 87-590, p. 975, §2-110.)...
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9-9-9
Section 9-9-9 Establishment of district - Notice of filing of petition and of hearing. Immediately
upon the filing of the report of the engineer or other plans submitted by petitioner, it shall
be the duty of the court of probate to forthwith give notice thereof by personal service or
by causing publication to be made as hereinafter defined; and, in the event notice is given
by publication, the following form shall suffice: "Notice of Petition for the Organization
of a Water Management District. Notice is hereby given to all persons interested in the following
described lands in _____ County, State of Alabama (here describe the lands as set out in the
preliminary survey or other plans on file with this court) that a petition has been filed
with this court signed by a majority of the persons owning at least one third of the land
or by at least one third of the persons owning more than one half of the aforementioned land,
asking that the aforementioned and described lands be organized...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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26-8-21
Section 26-8-21 Application for removal and notice of hearing thereon; appointment of guardian
ad litem. Authority for such removal may be obtained on the application in writing, verified
by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which
show that the removal will advance the interests of the minor or ward. If application is made
by the minor or ward by next friend, a day must be appointed for the hearing, 10 days' notice
of which must be given the guardian or conservator by the service of process. If application
is made by the guardian or conservator, a day, not less than 10 days after the filing of the
application, must be appointed for the hearing and a guardian ad litem appointed to represent
the minor or ward, who must put in issue the facts stated in the application and require proof
thereof. (Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802;
Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code...
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26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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35-5A-20
Section 35-5A-20 Accounting by and determining of liability of custodian. (a) A minor who has
attained the age of 14 years, the minor's guardian of the person or legal representative,
an adult member of the minor's family, a transferor, or a transferor's legal representative
may petition the court (1) for an accounting by the custodian or the custodian's legal representative;
or (2) for a determination of responsibility, as between the custodial property and the custodian
personally, for claims against the custodial property unless the responsibility has been adjudicated
in an action under section 35-5A-18 to which the minor or the minor's legal representative
was a party. (b) A successor custodian may petition the court for an accounting by the predecessor
custodian. (c) The court, in a proceeding under this chapter or in any other proceeding, may
require or permit the custodian or the custodian's legal representative to account. (d) If
a custodian is removed under section...
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43-8-291
Section 43-8-291 Right to disclaim interest in property. (a) A person, or the representative
of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir,
next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to
a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract,
or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument,
or to whom any property or interest therein devolves, by whatever means, may disclaim in whole
or in part the right of succession to any property or interest therein by delivering or filing
a written disclaimer under this article. (b) A surviving joint tenant may disclaim as a separate
interest any property or interest therein devolving to him by right of survivorship. A surviving
joint tenant may disclaim the entire interest in any property or interest therein that is
the subject of a joint tenancy devolving to him,...
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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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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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12-15-214
Section 12-15-214 Ordering and preparation of study and written report concerning child; ordering,
conduct, and certification of findings of physical or mental examination of child prior to
hearing on petition generally; examination of parent, legal guardian, or legal custodian after
hearing where ability to care for or supervise child in issue. The juvenile court may direct
that a juvenile probation officer conduct a study and submit a written report to the juvenile
court with recommendations concerning a child, his or her family, his or her environment,
and other matters relevant to the need for treatment or disposition of the case. The recommendations
may indicate that the child needs further mental health evaluation, especially, in some cases,
for the purpose of determining whether the child is competent to stand trial. The recommendations
may also include a request that the juvenile court proceed pursuant to Section 12-15-130.
(Acts 1975, No. 1205, p. 2384, §5-127; §12-15-69;...
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