35-6-40
Section 35-6-40 Property subject to partition; by whom application made. Any property, real,
personal or mixed, held by joint owners or tenants in common, may be divided among them, on
the written application of one or more of them to the probate court of the county in which
the property is situated; and such application may be made by the executor or administrator
of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
(Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161;
Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)...
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6-6-16
Section 6-6-16 Common-law arbitration not precluded. Nothing contained in this division shall
prevent any person or persons from settling any matters of controversy by a reference to arbitration
at common law. (Code 1852, §2722; Code 1867, §2161; Code 1876, §3548; Code 1886, §3234;
Code 1896, §523; Code 1907, §2923; Code 1923, §6171; Code 1940, T. 7, §844.)...
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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-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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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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18-2-4
Section 18-2-4 Notice to owner of land on opposite side of stream abutting proposed dam site.
If application is filed by the owner of the land on one side of a stream only, notice must
be given to the owner of the land on the opposite side by serving him in the same manner as
is provided for service of owners in Section 18-1-8, and if the owner be a minor or person
of unsound mind, a guardian ad litem must be appointed as provided in Section 18-1A-275. (Code
1852, §§2095-2097; Code 1867, §§2487-2489; Code 1876, §§3561-3563; Code 1886, §§3188,
3189; Code 1896, §§1730, 1731; Code 1907, §§3891, 3892; Code 1923, §§7510, 7511; Code
1940, T. 19, §37.)...
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26-10A-11
Section 26-10A-11 Consent or relinquishment. (a) A consent or relinquishment shall be in writing,
signed by the person consenting or relinquishing, and shall state the following: (1) The date,
place, and time of execution. (2) The date of birth or if prior to birth expected date of
birth of the adoptee and any names by which the adoptee has been known. (3) The relationship
of the person consenting or relinquishing to the adoptee. (4) The name of each petitioner,
unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent
contains a statement that the person executing the consent knows that he or she has a right
to know the identity of each petitioner but voluntarily waives this right. (5) That the person
executing the document is voluntarily and unequivocally consenting to the adoption of the
named adoptee. (6) That by signing the document and subsequent court order to ratify the consent,
the person executing the document understands that he or she will...
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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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26-2A-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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35-6-61
Section 35-6-61 Sale instead of partition - Evidence. Evidence in support of such application
must be taken as in actions before the circuit court, and before granting the decree of sale
the probate court must be satisfied from the evidence that an equitable division or partition
cannot be made; and when the application is by the guardian of an infant or person of unsound
mind, the court must be satisfied from the evidence that it would be to the interest of such
infant, or person of unsound mind, to sell the property for the purpose of division or partition.
(Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225;
Code 1923, §9325; Code 1940, T. 47, §213.)...
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