19-3-21
Section 19-3-21 Contents of application; notice of hearing. The application must be in writing,
verified by affidavit, must state the nature and character of the trust and of the interest
of the applicant therein and must state, in the opinion of the applicant, said interest is,
or will be endangered, if bond with sureties is not required of such trustee; and, on the
filing of such petition, the register or clerk must appoint a day for the hearing thereof,
of which not less than five days' notice, by the service of summons to appear and answer,
must be given the trustee, if he resides in the state, and if he resides without the state,
notice must be given by publication for three successive weeks in some newspaper published
in the county, if there be such paper, and if there be not, in the paper published nearest
to such county. (Code 1886, §3550; Code 1896, §4153; Code 1907, §6055; Code 1923, §10392;
Code 1940, T. 58, §9.)...
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26-2A-143
Section 26-2A-143 Death, resignation, or removal of conservator. The court, on petition or
on its own motion, may remove a conservator for good cause, upon notice and hearing, or accept
the resignation of a conservator. Upon the conservator's death, resignation, or removal, the
court may appoint another conservator. A conservator so appointed succeeds to the title and
powers of the predecessor. (Acts 1987, No. 87-590, p. 975, §2-314.)...
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43-2-391
Section 43-2-391 Notice and hearing. Such application must not be heard until 10 days after
the filing thereof, and notice thereof may be given to some person adversely interested whenever
the court may deem just. When, or at such time as the court may continue the hearing, the
court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof
will promote the interests of the estate, must make and enter a decree directing the sale
or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed,
it must be made by the executor or administrator at the courthouse of the county, or such
other place as the court may direct, at public outcry to the highest bidder for cash, after
having first given notice of the time and place thereof by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
by posting notices for three weeks at the courthouse door, and three...
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15-23-42
Section 15-23-42 Confidentiality of communications with victim counselor. (a) A victim, a victim
counselor without the consent of the victim, or a minor or incapacitated victim without the
consent of a custodial guardian or a guardian ad litem appointed upon application of either
party, cannot be compelled to give testimony or to produce records concerning confidential
communications for any purpose in any criminal proceeding. (b) A victim counselor or a victim
cannot be compelled to provide testimony in any civil or criminal proceeding that would identify
the name, address, location, or telephone number of a safe house, abuse shelter, or other
facility that provided temporary emergency shelter to the victim of the offense or transaction
that is the subject of the proceeding unless the facility is a party to the proceeding. (c)
The confidential communication privilege of a victim counselor with respect to communications
made between the counselor and the victim shall terminate upon the...
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19-3B-704
Section 19-3B-704 Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship
occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated
as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is
disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator is appointed
for an individual serving as trustee. (b) If one or more co-trustees remain in office, then
a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if
the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable trust
that is required to be filled must be filled in the following order of priority: (1) by a
person designated in the terms of the trust to act as successor trustee; (2) by a person appointed
by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified
beneficiary; or (3) by a person appointed by the court. (d) A...
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26-9-15
Section 26-9-15 Removal of guardian for failure to file account of moneys received for ward,
etc. If any guardian shall fail to file any account of the moneys received by him or her from
the administration on account of his or her ward within 30 days after such account is required
by either the court or the administration or shall fail to furnish the administration a copy
of his or her accounts as required by this chapter, such failure shall be grounds for removal.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §170.)...
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26-9-6
Section 26-9-6 Procedure for appointment of guardian - Certification as to age, etc., of minor
ward. Where a petition is filed for the appointment of a guardian of a minor ward, a certificate
of the administrator or his representative setting forth the age of such minor as shown by
the records of the administration and the fact that the appointment of a guardian is a condition
precedent to the payment of any moneys due the minor by the administration shall be prima
facie evidence of the necessity for such appointment. (Acts 1931, No. 240, p. 280; Code 1940,
T. 21, §164.)...
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26-13-2
Section 26-13-2 Filing of petition. The petition must be filed in the county in which the parent
or guardian of such minor resides or in the county in which the guardianship of such minor
is pending when the petition is filed by the parent or guardian and in the county where the
minor resides when the petition is filed by a minor who has no parents or guardian or whose
parents reside beyond the limits of the state and such minor resides in this state. In the
event that the parent, guardian, or minor filing such petition resides beyond the limits of
the State of Alabama, then the petition may be filed in the county in which the guardianship
of such minor is pending or in the county where the minor owns any real or personal property.
(Code 1876, §2736; Code 1886, §2358; Code 1896, §830; Code 1907, §4506; Code 1923, §8281;
Acts 1936, Ex. Sess., No. 189, p. 222; Code 1940, T. 27, §14.)...
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26-2-26
Section 26-2-26 General conservator for county. The judge of probate may appoint a general
conservator for the county who must be appointed and act as a conservator when no other fit
person applies for appointment and qualifies. The term of office of such general conservator
shall continue during the term of the judge by whom he or she is appointed, unless he or she
is reappointed. If he or she is reappointed, his or her bond, if deemed sufficient, shall
remain as a continuing security, or he or she may be required to execute a new bond. (Code
1867, §2423, Code 1876, §2765; Code 1886, §2376; Code 1896, §2253; Code 1907, §4343;
Code 1923, §8100; Code 1940, T. 21, §7; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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