26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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26-8-44
Section 26-8-44 Removal of property or money when minor or ward and conservator nonresidents
- Authorization generally. When the conservator and the minor or ward are both nonresidents
and the minor or ward is entitled to any property in this state or is or will be entitled
to any money from any estate, the administration of which is pending in this state, whether
such estate shall or shall not have been finally settled, and the money or property may be
removed to another state without conflict with any restriction or limitation thereupon and
without impairing the right of the minor or ward thereto, such money and property may be received
and removed to the state of the residence of the minor or ward upon application of the conservator
to the judge of probate of the county in which the property of the minor or ward or the principal
part thereof may be or in which such administration may be pending in the manner following.
(Code 1852, §2032; Code 1867, §2442; Code 1876, §2797; Code...
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26-2A-7
Section 26-2A-7 Delegation of powers by parent or guardian; parental authority. (a) A parent
who has custody, or a guardian, of a minor or incapacitated person, by a properly executed
power of attorney, may delegate to another person, for a period not exceeding one year, any
power regarding health, support, education, or maintenance of the person or property of the
minor child or ward, except the power to consent to marriage or adoption of a minor ward.
Temporary "delegation" of parental powers does not relieve the parent or guardian
of the primary responsibility for the minor or incapacitated person. (b) The provisions of
subsection (a) of this section shall not be used or construed to allow a parent or guardian
to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of
Title 44. (Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p.
455, §1.)...
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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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26-8-23
Section 26-8-23 Preparation, certification, and filing of record of proceedings; grant of guardianship
or conservatorship and filing of transcript thereof; removal; powers of guardian or conservator
as to recovery, receipt, etc., of property of minor or ward. If the removal authorized is
of the person and property of the minor or ward, a transcript of the record of the proceedings
must be made and certified and filed in the court of probate of the county to which the removal
is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship
or conservatorship of the person or conservatorship of property of the minor or ward, and
on such grant being made and a transcript thereof, duly certified, being filed in the court
of probate authorizing the removal, such removal may be made. The conservator so appointed
has full authority to demand, recover, and receive the property of the minor or ward from
and after the making of the removal. (Code 1886, §2486;...
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12-15-306
Section 12-15-306 Removing a child from the custody of a parent, legal guardian, or legal custodian.
(a) A child may be removed by a law enforcement officer from the custody of a parent, legal
guardian, or legal custodian if there are reasonable grounds to believe any of the following:
(1) The child is suffering from an illness or injury or is in imminent danger from
the surroundings of the child and that the removal of the child is necessary for the protection
of the health and safety of the child. (2) The child has no parent, legal guardian, legal
custodian, or other suitable person able to provide supervision and care for the child. (b)
The person removing the child shall immediately deliver the child to the Department of Human
Resources. (Act 2008-277, p. 441, §18.)...
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26-13-2
Section 26-13-2 Filing of petition. The petition must be filed in the county in which the parent
or guardian of such minor resides or in the county in which the guardianship of such minor
is pending when the petition is filed by the parent or guardian and in the county where the
minor resides when the petition is filed by a minor who has no parents or guardian or whose
parents reside beyond the limits of the state and such minor resides in this state. In the
event that the parent, guardian, or minor filing such petition resides beyond the limits of
the State of Alabama, then the petition may be filed in the county in which the guardianship
of such minor is pending or in the county where the minor owns any real or personal
property. (Code 1876, §2736; Code 1886, §2358; Code 1896, §830; Code 1907, §4506; Code
1923, §8281; Acts 1936, Ex. Sess., No. 189, p. 222; Code 1940, T. 27, §14.)...
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26-8-20
Section 26-8-20 Authorization generally. The court of probate or circuit court from which letters
of guardianship or conservatorship have issued has authority to order the removal to another
county of the person and property of a minor or ward if it is shown that such removal will
advance the interests of the minor or ward. (Code 1842, §2035; Code 1867, §2445; Code 1876,
§2802; Code 1886, §2483; Code 1896, §2368; Code 1907, §4458; Code 1923, §8231; Code 1940,
T. 21, §103; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-10A-15
Section 26-10A-15 Surrender of custody of minor under age of majority. (a) No health facility
shall surrender the physical custody of an adoptee to any person other than the Department
of Human Resources, a licensed child placing agency, parent, relative by blood or marriage,
or person having legal custody, unless such surrender is authorized in a writing executed
after the birth of the adoptee by one of the adoptee's parents or agency or the person having
legal custody of the adoptee. (b) A health facility shall report to the Department of Human
Resources on forms supplied by the department, the name and address of any person and, in
the case of a person acting as an agent for an organization, the name and address of the organization
to whose physical custody an adoptee is surrendered. Such report shall be transmitted to the
department within 48 hours from the surrendering of custody. (c) No adoptee shall be placed
with the petitioners prior to the completion of a pre-placement...
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26-5-12
a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination
of the ward's incapacity or on removal of his or her ward's disabilities of nonage by a court
of competent jurisdiction or, if the ward is married and has attained the age of 18 years,
or if the ward has died, present a verified petition to the court in which the conservatorship
is pending, praying for a final consent settlement by and between him or her and his or her
ward, or the ward's personal representative, if the ward has died. If such consent
settlement is agreed to by the ward, or the ward's personal representative, if the
ward has died, by a written instrument, signed by him or her and acknowledged as conveyances
of real estate are acknowledged, the court may approve such settlement without notice or publication
or posting. The agreement of the ward, or the ward's personal representative, if the
ward has died, may be expressed by joining in the petition with his or her...
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