26-9-4
Section 26-9-4 Limitations as to appointment of guardians. Except as provided in this chapter,
it shall be unlawful for any person to accept appointment as guardian of any ward if such
proposed guardian shall at that time be acting as guardian for five wards. In any case, upon
presentation of a petition by an attorney of the administration under this section alleging
that a guardian is acting in a fiduciary capacity for more than five wards and requesting
his or her discharge for that reason, the court, upon proof substantiating the petition, shall
require a final accounting forthwith from such guardian and shall discharge such guardian
in the case. The limitations of this section shall not apply where the guardian is a bank
or trust company acting for the wards' estates only. An individual may be guardian of more
than five wards if they are all members of the same family. (Acts 1931, No. 240, p. 280; Code
1940, T. 21, §162.)...
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26-2A-78
Section 26-2A-78 Powers and duties of guardian of minor. (a) A guardian of a minor ward has
the powers and responsibilities of a parent regarding the ward's health, support, education,
or maintenance, but a guardian is not personally liable for the ward's expenses and is not
liable to third persons by reason of the relationship for acts of the ward. (b) In particular
and without qualifying the foregoing, a guardian shall: (1) Become or remain personally acquainted
with the ward and maintain sufficient contact with the ward to know of the ward's capacities,
limitations, needs, opportunities, and physical and mental health; (2) Take reasonable care
of the ward's personal effects and commence protective proceedings if necessary to protect
other property of the ward; (3) Apply any available money of the ward to the ward's current
needs for health, support, education, or maintenance; (4) Conserve any excess money of the
ward for the ward's future needs, but if a conservator has been...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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45-37A-51.03
Section 45-37A-51.03 Board of managers. (a)(1) In order to assure representation of all participants
of this system, there shall be a board of managers of five members for the administration,
management, and control of the supplemental pension system, including administration, management,
control, acquisition, and disbursement of the fund. The board shall consist of the president
of the governing body of the city, who shall be chair of the board, and four associate members,
designated respectively as Member No. 1, Member No. 2, Member No. 3, and Member No. 4. (2)
Member No. 1 shall be appointed by the Jefferson County Personnel Board and shall be a person
who at the time of appointment has had five or more consecutive years immediately preceding
his or her appointment and has been an officer of, or the occupant of an executive position
in insurance, actuarial, investment, banking, or as a certified public accountant and shall
serve for a term of four years. Should the appointed Member...
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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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26-9-5
Section 26-9-5 Procedure for appointment of guardian - Filing of petition; contents thereof.
A petition for the appointment of a guardian may be filed in any court of competent jurisdiction
by or on behalf of any person who under existing law is entitled to priority of appointment.
If there is no person so entitled or if the person so entitled shall neglect or refuse to
file such a petition within 30 days after mailing of notice by the administration to the last
known address of such person indicating the necessity for the same, a petition for such appointment
may be filed in any court of competent jurisdiction by or on behalf of any responsible person
residing in this state. The petition for appointment shall set forth the name, age, place
of residence of the ward, the names and places of residence of the nearest relative, if known,
and the fact that such ward is entitled to receive moneys payable by or through the administration
and shall set forth the amount of moneys then due and...
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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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26-2A-105
Section 26-2A-105 Findings; order of appointment. (a) The court shall exercise the authority
conferred in this division so as to encourage the development of maximum self-reliance and
independence of the incapacitated person and make appointive and other orders only to the
extent necessitated by the incapacitated person's mental and adaptive limitations or other
conditions warranting the procedure. (b) The court may appoint a guardian as requested if
it is satisfied that the person for whom a guardian is sought is incapacitated and that the
appointment is necessary or desirable as a means of providing continuing care and supervision
of the person of the incapacitated person. The court, on appropriate findings, may (i) treat
the petition as one for a protective order under Section 26-2A-130 and proceed accordingly,
(ii) enter any other appropriate order, or (iii) dismiss the proceedings. (c) The court, at
the time of appointment or later, on its own motion or on appropriate petition or...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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12-19-90
Section 12-19-90 Judge of probate - Schedule of fees. (a) The following fees for service provided
by the probate offices shall be charged and paid into the county treasury or to the judge
of probate as may be authorized or required by law: (1) Probate of will of not more than five
pages, whether contested or not, with three certified copies of letters and including final
settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over
five pages in length and for final settlements in excess of 10 pages in length shall be made
..... $45.00 (2) Grant of letters of administration with three certified copies of letters
of administration and including final settlement when not more than 10 pages (when over 10
pages an additional charge of $3.00 per page) ..... 45.00 (3) Grant of letters of guardianship
or conservatorship, three certified copies ..... 20.00 (4) Partial or final settlement of
guardianship or conservatorship ..... 15.00 (5) Each additional...
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