35-6-83
Section 35-6-83 Guardian ad litem. The court must appoint a guardian ad litem to represent
the interest of such ward upon such hearing, as provided by law for the appointment of guardians
ad litem in such court. The person so appointed such guardian ad litem must deny in writing
the allegations of such report and resist the confirmation of such sale, and, if necessary,
must, with the approval of the court, employ counsel to defend the interest of the person
he so represents. He is entitled to reasonable compensation, and an allowance for reasonable
fees of such counsel as he may so employ, to be fixed by the court and taxed and collected
as costs in the action. (Code 1907, §5256; Code 1923, §9360; Code 1940, T. 47, §222.)...

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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant.
When it is necessary to make any persons defendant to a petition in the probate court filed
for the partition of property or for a sale thereof because it cannot be equitably divided,
and the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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43-8-165
Section 43-8-165 Notice to surviving spouse and next of kin - Minors. If any of the
next of kin are minors, such notice may be served as provided by the Alabama Rules of Civil
Procedure; and in addition to the service above provided for minors, the court must appoint
a guardian ad litem who is disinterested and who shall be an attorney-at-law and who does
not represent any party having an interest adverse to such minors; and notice shall issue
to such guardian ad litem. Such guardian shall accept service and agree to represent the minors
in the proof and probate of the will, and if he fail to accept service and agree to appear
for the minors within 10 days after service, the court appoint another guardian ad litem,
upon whom notice must be served, and he must agree to accept service and represent the minors
as is provided in the first instance, and the will must not be probated until a guardian ad
litem has agreed to accept the appointment and to represent the minors in the proof and...

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42-2-4
Section 42-2-4 Appointment of guardian ad litem and counsel for infants and persons
of unsound mind. If the owner of the lands is an infant or is of unsound mind, the court,
on the day appointed for the hearing, must appoint a guardian ad litem to represent him, and
the guardian so appointed must file a written acceptance of the appointment, must appear and
protect the rights and interests of such infant or person of unsound mind and, if he deems
it necessary, may employ counsel to assist him. The compensation of such guardian and of his
counsel must be ascertained by the court and taxed as costs of the proceedings. (Code 1907,
§2417; Code 1923, §3151; Code 1940, T. 59, §7.)...
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26-2-46
Section 26-2-46 Procedure where person alleged to be of unsound mind confined in hospital
or asylum. If the person alleged to be of unsound mind is a resident of the county and is
at the time of the application confined in a hospital or asylum within or without the state,
inquisition may be had and taken without notice to him or her , but, on the filing of the
application, the court must appoint a guardian ad litem to represent and defend for him or
her. It shall be the duty of such guardian by answer to put in issue the facts stated in the
application and to employ counsel at the expense of such person of unsound mind to appear
and defend him or her. (Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907,
§4351; Code 1923, §8109; Code 1940, T. 21, §15.)...
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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having
property within state - Procedure. The application for the appointment of a conservator for
such person must be in writing, must be verified by affidavit and must state the name, sex,
age, and residence of such person, the court by which he or she was declared incapacitated
and the property requiring the care of a conservator. On the filing of such application, the
court must appoint a day for the hearing thereof, notice of which must be given for three
successive weeks by publication in some newspaper published in the county or, if there is
no such paper published in the county, by publication in a paper published in an adjoining
county, and a copy of such paper must be mailed by the probate judge to such person at the
post office nearest his or her residence. The court must appoint a guardian ad litem to represent
and defend for such person and it shall be the duty of such guardian ad litem to put in...

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43-2-448
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian.
The person appointed to represent minors, or persons of unsound mind, or unknown parties,
must deny in writing the allegations contained in the application, and, if necessary, must
employ counsel to defend the interests of those he represents. He is entitled to reasonable
compensation, to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224;
Code 1876, §2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856;
Code 1940, T. 61, §251.)...
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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) Upon
receipt of a petition for appointment of a conservator or other protective order because of
minority, the court shall set a date for hearing. If the court determines at any time in the
proceeding that the interests of the minor are or may be inadequately represented, it may
appoint an attorney to represent the minor, giving consideration to the choice of the minor
if 14 or more years of age. An attorney appointed by the court to represent a minor may be
granted the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
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6-10-86
Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set
for hearing thereon. When any homestead or other exemption has been allotted or set apart
by the appraisers or by commissioners, the personal representative, surviving spouse, minor
child or children, or other person in interest feeling aggrieved may, within 30 days after
the making of the report, file written exceptions thereto, stating the grounds of such exceptions.
Thereupon the court must fix a day for the hearing of the exceptions, of which 10 days' notice
must be given by personal service, if the adverse parties reside in the state or, if they
reside out of the state, by publication in some newspaper published in the county. If the
exceptions are filed by the surviving spouse and minor child or children, or either, such
notice must be served on the personal representative, but if filed by the personal representative
or other person, the notice must be served on the surviving spouse, if there...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction
of the probate court to make partial or final settlements or distributions of the estates
of decedents is not affected by the fact that the executor or administrator making the settlement
is also guardian of any heir or distributee, devisee or legatee of the decedent; but in such
case the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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