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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35-6-112
Section 35-6-112 Time for hearing; guardians ad litem. Upon the filing of such application,
a day must be appointed for the hearing of the same, within 15 days thereafter, if the parties
are residents of this state, but if they are nonresidents, within 30 days thereafter; and
if any of the parties in interest are minors or persons of unsound mind, guardians ad litem
must be appointed to represent them, unless they have general guardians who will represent
them on the hearing. (Code 1876, §3323; Code 1886, §3265; Code 1896, §3190; Code 1907,
§5236; Code 1923, §9340; Code 1940, T. 47, §233.)...
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42-2-4
Section 42-2-4 Appointment of guardian ad litem and counsel for infants and persons of unsound
mind. If the owner of the lands is an infant or is of unsound mind, the court, on the day
appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian
so appointed must file a written acceptance of the appointment, must appear and protect the
rights and interests of such infant or person of unsound mind and, if he deems it necessary,
may employ counsel to assist him. The compensation of such guardian and of his counsel must
be ascertained by the court and taxed as costs of the proceedings. (Code 1907, §2417; Code
1923, §3151; Code 1940, T. 59, §7.)...
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26-8-25
Section 26-8-25 Jurisdiction of guardianship not affected where removal of property only authorized.
If the removal authorized is of the property only of the minor or ward, the jurisdiction of
the court authorizing the removal is not affected, and it must retain jurisdiction of the
guardianship as if such removal had not been authorized. (Code 1886, §2488; Code 1896, §2373;
Code 1907, §4463; Code 1923, §8236; Code 1940, T. 21, §108.)...
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35-4-323
Section 35-4-323 Application to compel conveyance - Notice to guardians of minor heirs. In
all cases in which minor heirs are interested in such application, notice thereof must be
given to the guardian; and, if there is no guardian, the judge must appoint a guardian ad
litem to protect their interest. (Code 1852, §1348; Code 1867, §1618; Code 1876, §2227;
Code 1886, §1874; Code 1896, §1072; Code 1907, §3444; Code 1923, §6949; Code 1940, T.
47, §39.)...
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35-6-113
Section 35-6-113 Notice. Notice of such application, and of the day appointed for its hearing,
must be issued by the judge of probate to the parties in interest who are residents of this
state, which must be served on them at least five days before the day appointed for the hearing;
and if any of the parties in interest are nonresidents, such notice must be given by publication,
once a week for three successive weeks, in some newspaper published in the county, or if no
newspaper is published therein, then in one that is published in an adjoining county, a copy
of which shall be mailed by the judge of probate, and directed to such nonresidents at their
post offices, if the same are known, or can be ascertained by reasonable effort. (Code 1876,
§3523; Code 1886, §3266; Code 1896, §3191; Code 1907, §5237; Code 1928, §9341; Code 1940,
T. 47, §234.)...
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35-6-43
Section 35-6-43 Time and place of hearing; notice; guardians ad litem; nonresidents as parties.
Upon the filing of the application, a day not less than 30 days thereafter must be appointed
for hearing the same; and of the time and place of such hearing, all parties in interest must
have at least 10 days' notice; and when infants or persons of unsound mind are parties, if
they have no general guardians, guardians ad litem must be appointed to represent them; and
if any of the parties in interest are nonresidents, they must be made parties in the same
manner, and to the same extent, as is done when property in the hands of an executor or administrator
is to be divided or distributed. (Code 1867, §3107; Code 1876, §3501; Code 1886, §3240;
Code 1896, §3164; Code 1907, §5206; Code 1923, §9306; Code 1940, T. 47, §195.)...
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26-9-11
Section 26-9-11 Application of estate for support and maintenance of person other than ward.
A guardian shall not apply any portion of the estate of his or her ward for the support and
maintenance of any person other than his or her ward, except upon order of the court after
a hearing, notice of which has been given the proper office of the administration in the manner
provided in Section 26-9-14. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §173.)...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether
arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after
the appointment of a conservator, including expenses of administration. (2) CONSERVATOR. A
person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause for a
protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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26-5-30
Section 26-5-30 Partial settlement generally - Authorization and procedure generally. The court
of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator
to make partial settlement of his or her conservatorship. The conservator must have notice
of such requirement 10 days before the day appointed for his or her appearance by service
of process and may appear and show, if he or she can, that such settlement is not necessary.
(Code 1886, §2467; Code 1896, §2352; Code 1907, §4442; Code 1923, §8215; Code 1940, T.
21, §145; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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