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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26-2A-75
Section 26-2A-75 Procedure for court-appointment of guardian of minor. (a) A minor or any person
interested in the welfare of the minor may petition for appointment of a guardian. (b) After
the filing of a petition, the court shall set a date for hearing, and the petitioner shall
give notice of the time and place of hearing the petition in the manner prescribed by Section
26-2A-50 to: (1) The minor, if 14 or more years of age and not the petitioner; (2) Any person
alleged to have had the principal care and custody of the minor during the 60 days preceding
the filing of the petition; and (3) Any living parent of the minor. (c) Upon hearing, if the
court finds that a suitable person seeks appointment, venue is proper, the required notices
have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and
best interest of the minor will be served by the requested appointment, it shall make the
appointment and issue letters. In other cases, the court may dismiss the...
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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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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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26-2B-208
Section 26-2B-208 Notice of proceeding. If a petition for the appointment of a guardian or
issuance of a protective order is brought in this state and this state was not the respondent's
home state on the date the petition was filed, in addition to complying with the notice requirements
of this state, notice of the petition must be given to those persons who would be entitled
to notice of the petition if a proceeding were brought in the respondent's home state, if
any. The notice must be given in the same manner as notice is required to be given in this
state, pursuant to Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings
Act. (Act 2010-500, p. 782, §1.)...
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26-9-8
Section 26-9-8 Procedure for appointment of guardian - Notice of filing of petition. Upon the
filing of a petition for the appointment of a guardian under the provisions of this chapter,
the court shall cause such notice to be given as provided by law. (Acts 1931, No. 240, p.
280; Code 1940, T. 21, §166.)...
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22-52-4
Section 22-52-4 Appointment of attorney and guardian ad litem for person sought to be committed;
statements, etc., of person in presence of judge, prior to obtaining services of attorney,
not to be considered by judge. (a) At the time when any petition has been filed seeking the
involuntary commitment of a respondent, the probate judge shall appoint a guardian ad litem
to represent and to protect the rights of the respondent, and shall determine if the respondent
has the funds with which to employ an attorney to represent the respondent and if the respondent
has the mental ability to secure the services of an attorney. If the respondent does not have
funds with which to employ an attorney or does not have the mental ability to secure the services
of an attorney, the probate judge shall appoint an attorney, who may be the same person as
the guardian ad litem, to represent the respondent. The probate judge shall immediately inform
the attorney so appointed of his appointment. (b) No...
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26-2A-71
Section 26-2A-71 Parental appointment of guardian for minor. (a) The parent of an unmarried
minor may appoint a guardian for the minor by will, or other writing signed by the parent
and attested by at least two witnesses or acknowledged. (b) Subject to the right of the minor
under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent
has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes
effective when the guardian seasonably files an acceptance in the court in which a nominating
instrument is probated, or, in the case of a nontestamentary nominating instrument, in the
court at the place where the minor resides or is present. If two or more appointments are
made, the latter in time has priority, and if both parents are dead or incapacitated, an effective
appointment by the parent, who was eligible to make the appointment and who dies or became
incapacitated later in time, has priority. (c) A parental appointment...
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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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26-9-3
Section 26-9-3 When guardian to be appointed for ward. Whenever, pursuant to any law of the
United States or regulations of the administration, the administrator requires, prior to payment
of benefits, that a guardian be appointed for a ward, such appointment shall be made in the
manner provided in this chapter. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §161.)...

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