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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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26-3-1
Section 26-3-1 Generally. Before the issue of letters of conservatorship, other than letters
to the general conservator or to the sheriff, the judge of probate must require the conservator
appointed to enter into bond with sufficient sureties, payable to the judge of probate, in
a penalty prescribed by him. (Code 1886, §§2378, 2406; Code 1896, §2272; Code 1907, §4362;
Code 1923, §8135; Code 1940, T. 21, §27; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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15-10-73
Section 15-10-73 Application for guard in removal of prisoner; endorsement by court if application
granted; guards for prisoners charged with misdemeanors. Whenever a sheriff makes application
for the employment of a guard in the removal of a prisoner from another county, such application
must be in writing and briefly set forth the facts necessitating the employment of a guard,
which shall be verified by oath and filed in the district court of the county to which such
removal is made. The district court making the order of removal, if it grants the application
for a guard, shall endorse thereon that it has investigated the facts and believes a guard
to be necessary. No guard shall be obtained for the removal of a prisoner charged with a misdemeanor,
except upon the order of the Governor or a circuit judge in cases when it is necessary to
protect the prisoner from violence. (Code 1896, §4566; Code 1907, §6642; Code 1923, §3746;
Code 1940, T. 15, §183.)...
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26-8-24
Section 26-8-24 Settlement of conservatorship of former conservator and certification of transcript
thereof to probate court of county to which removal authorized. On the filing of such transcript,
the court must require the conservator of its appointment to make a final settlement of his
or her conservatorship; and when such settlement is made, the court must certify a transcript
thereof to the court of probate of the county to which the removal was authorized. (Code 1886,
§2487; Code 1896, §2372; Code 1907, §4462; Code 1923, §8235; Code 1940, T. 21, §107;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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18-2-10
Section 18-2-10 Notice of hearing to show cause against grant of application. Ten days' notice
must be given to the several owners of such land to show cause, if any they have, against
such application, by personal service, if to be found in the county, or if not, by posting
up a copy of such notice at a conspicuous place on the several tracts of the owners who cannot
be so found. (Code 1852, §2102; Code 1867, §2494; Code 1876, §3568; Code 1886, §3194;
Code 1896, §1737; Code 1907, §3898; Code 1923, §7517; Code 1940, T. 19, §43.)...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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26-2A-73
Section 26-2A-73 Court appointment of guardian of minor; conditions for appointment. (a) The
court may appoint a guardian for an unmarried minor if all parental rights have been terminated
or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian
has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental
rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71
whose appointment has not been prevented or nullified under Section 26-2A-72 has priority
over any guardian who may be appointed by the court, but the court may proceed with another
appointment upon a finding that the parental nominee has failed to accept the appointment
within 30 days after notice of the guardianship proceeding. (b) If necessary, and on appropriate
petition or application, the court may appoint a temporary guardian who shall have the full
authority of a general guardian of a minor, but the authority of a...
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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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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under this
chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN. A
person so designated under Section 35-5A-10 or a successor or...
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