26-8-47
Section 26-8-47 Removal of property or money when minor or ward and conservator nonresidents
- Discharge of resident administrator, etc. Such order is a discharge of the executor, administrator,
or other person in whose possession such property may be at the time of the order made. (Code
1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2496; Code 1896, §2381;
Code 1907, §4471; Code 1923, §8244; Code 1940, T. 21, §116.)...
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26-9-16
Section 26-9-16 Discharge of guardian. When a minor ward for whom a guardian has been appointed
shall have attained his or her majority and has not been found incompetent and when any incompetent
ward has been rated competent by the administration, a certificate of the administrator or
his or her duly authorized representative to that effect shall be prima facie evidence that
a guardian is no longer required and the court, upon the guardian filing a satisfactory final
account, may discharge such guardian upon a petition filed for that purpose. Nothing contained
in this section shall be construed to prevent a ward from filing a petition for the discharge
of his or her guardian on the ground that the ward has attained majority or is competent or
the court from acting on its own motion in such cases. (Acts 1931, No. 240, p. 280; Code 1940,
T. 21, §176.)...
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26-2-50
Section 26-2-50 Appointment of general conservator of county or sheriff as guardian. The general
conservator of the county must be appointed conservator of an incapacitated person if no other
suitable person applies for appointment and qualifies and if there be no general conservator,
the sheriff must be appointed. (Code 1852, §2017; Code 1867, §§2416, 2423; Code 1876, §§2765,
2767; Code 1886, §2405; Code 1896, §2270; Code 1907, §4360; Code 1923, §8118; Code 1940,
T. 21, §24; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2-27
Section 26-2-27 Appointment of sheriff as guardian. If no fit person is appointed and qualifies
as guardian of a minor and there be no general guardian for the county, the sheriff must be
appointed guardian and the guardianship attaches to the office of sheriff. (Code 1852, §2017;
Code 1867, §2416; Code 1876, §2767; Code 1886, §2377; Code 1896, §2254; Code 1907, §4344;
Code 1923, §8101; Code 1940, T. 21, §8.)...
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26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
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43-2-643
Section 43-2-643 Time for hearing; notice. A day must be appointed for the hearing of such
application, and a citation must be issued and served on the administrator 10 days before
the day appointed, notifying him of the grounds of the application and the day of hearing
the same. (Code 1852, §1780; Code 1867, §2107; Code 1876, §2484; Code 1886, §2201; Code
1896, §269; Code 1907, §2727; Code 1923, §5966; Code 1940, T. 61, §368.)...
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19-3B-303
Section 19-3B-303 Representation by fiduciaries and ancestors. To the extent there is no conflict
of interest between the representative and the person represented or among those being represented
with respect to a particular question or dispute: (1) a conservator may represent and bind
the estate that the conservator controls; (2) a guardian may represent and bind the ward if
a conservator of the ward's estate has not been appointed; (3) an agent having authority to
act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal representative
of a decedent's estate may represent and bind persons interested in the estate; and (6) a
parent or other direct ancestor may represent and bind the minor or unborn issue if a conservator
or guardian for the issue has not been appointed. (Act 2006-216, p. 314, §1.)...
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26-2A-111
Section 26-2A-111 Proceedings subsequent to appointment; venue. (a) The court at the place
where the ward resides has concurrent jurisdiction with the court that appointed the guardian
or in which acceptance of a parental or spousal appointment was filed over resignation, removal,
accounting, and other proceedings relating to the guardianship, including proceedings to limit
the authority previously conferred on a guardian or to remove limitations previously imposed.
(b) If the court at the place where the ward resides is not the court in which acceptance
of appointment is filed, the court in which proceedings subsequent to appointment are commenced,
in all appropriate cases, shall notify the other court, in this or another state, and after
consultation with that court determine whether to retain jurisdiction or transfer the proceedings
to the other court, whichever may be in the best interest of the ward. A copy of any order
accepting a resignation, removing a guardian, or altering...
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26-2A-80
Section 26-2A-80 Proceedings subsequent to appointment; venue. (a) The court at the place where
the ward resides has concurrent jurisdiction with the court that appointed the guardian or
in which acceptance of a parental appointment was filed over resignation, removal, accounting,
and other proceedings relating to the guardianship. (b) If the court at the place where the
ward resides is neither the appointing court nor the court in which acceptance of appointment
is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate
cases shall notify the other court, in this or another state, and after consultation with
that court determine whether to retain jurisdiction or transfer the proceedings to the other
court, whichever is in the best interest of the ward. A copy of any order accepting a resignation
or removing a guardian must be sent to the appointing court or the court in which acceptance
of appointment is filed. (Acts 1987, No. 87-590, p. 975,...
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