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6-7-100
Section 6-7-100 Substitution pending an action - Guardian for next friend. If the action is
not for a personal injury to the ward, whether the ward is a minor or a person of unsound
mind, on the appointment of a guardian pending an action, such guardian may, on application,
be substituted for the next friend, and the action must proceed in the name of the guardian
for the use of the ward. (Code 1867, §2528; Code 1876, §2895; Code 1886, §2581; Code 1896,
§19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)...
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26-2A-144
Section 26-2A-144 Petitions for orders subsequent to appointment. (a) Any person interested
in the welfare of a person for whom a conservator has been appointed, any person interested
in the proper administration of the estate, or the court on its own motion, may file a petition
in the appointing court or the court to which the conservatorship has been transferred for
an order: (1) Requiring bond or collateral or additional bond or collateral, or reducing bond;
(2) Requiring an accounting for the administration of the trust; (3) Directing distribution;
(4) Removing the conservator and appointing a temporary or successor conservator; or (5) Granting
other appropriate relief. (b) A conservator may petition the appointing court or the court
to which the conservatorship has been transferred for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate
order. (d) If, on the hearing, it should appear...
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26-5-7
Section 26-5-7 Final settlement generally - When required. On the death, resignation, or removal
of the conservator or on the expiration of his or her authority otherwise or on the arrival
of the ward at full age or on termination of the ward's incapacity or on his or her death
or on the marriage of the ward, if 18 years of age or older or upon the ward becoming 18 years
of age after marriage or after becoming a widow or widower, a final settlement of the conservatorship
must be made, such settlement in the event of the death of the conservator to be made by his
or her personal representative. (Code 1886, §2459; Code 1896, §2344; Code 1907, §4434;
Code 1923, §8207; Code 1940, T. 21, §134; Acts 1951, No. 31, p. 241; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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6-5-380
Section 6-5-380 Liability of parents for destruction of property by minor; exception. (a) The
parent or parents, guardian, or other person having care or control of any minor under the
age of 18 years with whom the minor is living and who have custody of the minor shall be liable
for the actual damages sustained, but not exceeding the sum of $1,000, plus the court costs
of the action, to any person, firm, association, corporation and the State of Alabama and
its political subdivision for all damages proximately caused by the injury to, or destruction
of, any property, real, personal or mixed, by the intentional, willful, or malicious act or
acts of the minor. Except, approved foster parents of the Department of Human Resources shall
not be liable for damages caused by foster children. (b) Nothing in this section shall be
construed to limit the liability of any such parent or parents as the same may now otherwise
exist under the laws of the State of Alabama. (Acts 1965, 2nd Ex. Sess.,...
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26-2-50
Section 26-2-50 Appointment of general conservator of county or sheriff as guardian. The general
conservator of the county must be appointed conservator of an incapacitated person if no other
suitable person applies for appointment and qualifies and if there be no general conservator,
the sheriff must be appointed. (Code 1852, §2017; Code 1867, §§2416, 2423; Code 1876, §§2765,
2767; Code 1886, §2405; Code 1896, §2270; Code 1907, §4360; Code 1923, §8118; Code 1940,
T. 21, §24; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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45-37-171.44
Section 45-37-171.44 Ability to pay fees; increase in costs and fees; funding. No person shall
be denied any service because that person, or if a minor, the parent or legal guardian of
such person, is unable to pay the fee for such service established pursuant to this subpart.
The determination of a person's ability to pay shall be made in confidence and under circumstances
that will protect the dignity of the person receiving the service. Using any appropriate standards
of ability to pay for health care provided by the United States Government or any agency thereof,
the Jefferson County Board of Health may establish a sliding fee scale based on a person's
ability to pay. Any provision of this subpart to the contrary notwithstanding, this subpart
shall not be interpreted or applied to authorize any increase in the fees, if any, that any
person may be required to pay for any examination, treatment, vaccination, inoculation, or
other health care service of any kind that, as of September...
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26-3-1
Section 26-3-1 Generally. Before the issue of letters of conservatorship, other than letters
to the general conservator or to the sheriff, the judge of probate must require the conservator
appointed to enter into bond with sufficient sureties, payable to the judge of probate, in
a penalty prescribed by him. (Code 1886, §§2378, 2406; Code 1896, §2272; Code 1907, §4362;
Code 1923, §8135; Code 1940, T. 21, §27; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-3-7
Section 26-3-7 Requirement of new or additional bond from conservator; effect of failure to
give same. The judge of probate shall have authority and it shall be his or her duty, whenever
he or she deems it necessary for the safety of the ward, to require the conservator to give
a new or additional bond. If, on notice of such requisition, such conservator fails for 10
days to give such new or additional bond, the judge is authorized to remove him or her and
revoke his or her letters. (Code 1852, §2019; Code 1867, §2418; Code 1876, §764; Code 1886,
§§2384, 2408; Code 1896, §2278; Code 1907, §4368; Code 1923, §8141; Code 1940, T. 21,
§33; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal representative,
must file in the court of probate a full account of the conservatorship, accompanied by the
vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court
must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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