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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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30-3-63
Section 30-3-63 Filing fees and costs. (a) When a petition seeking an order of income withholding
as provided in subsection (a) of Section 30-3-62 is initiated in any case which does not arise
pursuant to Title IV-D of the Social Security Act, there shall be collected, by the clerk
of the court, the filing fee prescribed for other civil cases, generally, as set forth in
Section 12-19-71 and other applicable statutes. The fee shall be collected by the clerk at
the time the proceeding is initiated and shall be disbursed as provided in Section 12-19-72
and other appropriate provisions of law. Provided, that when representing or otherwise acting
on behalf of the obligee neither the State of Alabama nor any agency thereof, nor any person
whom the court finds incapable of payment, upon execution of an affidavit of substantial hardship,
as provided in Section 12-19-70, shall be required to pay the fees prescribed by this subsection.
The court may order all costs taxed against the obligor to...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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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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15-21-7
Section 15-21-7 When petition may be addressed to another judge; justifying proof required;
ouster of jurisdiction of nearest judge. (a) When the petition for a writ of habeas corpus
is required to be addressed to the nearest circuit court judge and such judge is absent, is
incapable of acting, has refused to grant the writ, has refused to grant the writ returnable
within five days or has granted the writ returnable in five days but has failed or refused
to rule therein within five days from the return date, it may be addressed to any other circuit
court judge. In such case, before the writ is granted, proof must be made, either by the oath
of the applicant or other sufficient evidence, of the particular facts which justify such
address. (b) The jurisdiction of the nearest circuit court judge shall be ousted when the
petition is filed with any other circuit court judge. (Code 1852, §714; Code 1867, §4265;
Code 1876, §4941; Code 1886, §4765; Code 1896, §4818; Code 1907, §7013;...
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12-15-137
Section 12-15-137 Proceedings for destruction of legal and social files and records of juvenile
courts pertaining to certain persons and effect thereof. (a) A person who has been the subject
of a delinquency petition and has met the conditions stipulated in subdivision (2) of subsection
(a) of Section 12-15-136, five years after reaching the age of majority, may file a motion
requesting the destruction of all records pertaining to his or her case. If the juvenile court
grants the motion, copies of the order shall be sent to all offices, departments, or agencies
that are repositories of the records, and all the offices, departments, and agencies shall
comply with the order. (b) Upon the entry of a destruction order, all references including
arrest, complaints, referrals, petitions, reports, and orders shall be removed from all department
or agency official and institutional files and destroyed. (c) A person who has been the subject
of a delinquency petition shall be notified of his or...
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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
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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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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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45-5-120
Section 45-5-120 Merit system; board; violations. (a) This section shall apply only in Blount
County, Alabama. (b) As used in this section, unless the context clearly requires a different
meaning: (1) "County" means Blount County; (2) "Municipality" means any
municipality in Blount County; (3) "Employee" means any person, including law enforcement
officers, not excepted by subsection (c), who is employed in the service of Blount County
or any municipality of Blount County or any board, agency, or instrumentality thereof; (4)
"Merit employee" means any such employee who shall have completed one year of probationary
employment; (5) "Board" means the merit system board created by this section; (6)
"Appointment authority" means in the case of employees in the offices of the elected
officials of the county or of a municipality, such elected officials, and means, in the case
of all other county or municipal employees, the county or municipal governing body, or the
board or other agency...
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