26-2A-148
Section 26-2A-148 Conservators; title by appointment. (a) The appointment of a conservator
vests in the conservator title as trustee to all property, or to the part thereof specified
in the order, of the protected person, presently held or thereafter acquired, including title
to any property theretofore held for the protected person. Appointment of a conservator does
not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers
to Minors Act, or a valid durable power of attorney, except on order of the court. An order
specifying that only a part of the property of the protected person vests in the conservator
creates a limited conservatorship. (b) Except as otherwise permitted herein, the interest
of the protected person in property vested in a conservator by this section is not transferable
or assignable by the protected person. An attempted transfer or assignment by the protected
person, though ineffective to affect property rights, may generate a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-148.htm - 1K - Match Info - Similar pages

26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-3.htm - 2K - Match Info - Similar pages

26-2A-146
Section 26-2A-146 Inventory and records. (a) Within 90 days after appointment, each conservator
shall prepare and file with the appointing court a complete inventory of the estate subject
to the conservatorship together with an oath or affirmation that the inventory is believed
to be complete and accurate as far as information permits. The conservator shall provide a
copy thereof to the protected person if practicable and the person has attained the age of
14 years. A copy also shall be provided to any guardian or parent with whom the protected
person resides. (b) The conservator shall keep suitable records of the administration and
exhibit the same on request of any interested person. (Acts 1987, No. 87-590, p. 975, §2-317.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-146.htm - 1K - Match Info - Similar pages

38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9-6.htm - 7K - Match Info - Similar pages

19-3B-303
Section 19-3B-303 Representation by fiduciaries and ancestors. To the extent there is no conflict
of interest between the representative and the person represented or among those being represented
with respect to a particular question or dispute: (1) a conservator may represent and bind
the estate that the conservator controls; (2) a guardian may represent and bind the ward if
a conservator of the ward's estate has not been appointed; (3) an agent having authority to
act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal representative
of a decedent's estate may represent and bind persons interested in the estate; and (6) a
parent or other direct ancestor may represent and bind the minor or unborn issue if a conservator
or guardian for the issue has not been appointed. (Act 2006-216, p. 314, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-303.htm - 1K - Match Info - Similar pages

26-2A-77
Section 26-2A-77 Consent to service by acceptance of appointment; notice. By accepting a parental
or court appointment as guardian, a guardian submits personally to the jurisdiction of the
court in any proceeding relating to the guardianship that may be instituted by any interested
person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the
guardian at the guardian's address listed in the court records and to the address then known
to the petitioner. Letters of guardianship must indicate whether the guardian was appointed
by court order or parental appointment. (Acts 1987, No. 87-590, p. 975, §2-108.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-77.htm - 949 bytes - Match Info - Similar pages

15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-190.htm - 4K - Match Info - Similar pages

26-2A-32
Section 26-2A-32 Venue; multiple proceedings; transfer. (a) If a proceeding under this chapter
could be maintained in more than one place in this state, the court in which the proceeding
is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same
estate, protected person, or ward are commenced in more than one court of this state, the
court in which a proceeding was first commenced shall continue to hear the matter and determine
venue. Any other court shall hold the matter in abeyance until the question of venue is decided.
If the ruling court determines that venue is properly in another court, it shall transfer
the proceeding to the other court. (c) If the court finds that in the interest of justice
a proceeding or a file should be located in another court of this state, the court may transfer
the proceeding or file to the other court. (Acts 1987, No. 87-590, p. 975, §1-303.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-32.htm - 1K - Match Info - Similar pages

26-5-39
Section 26-5-39 Proceedings upon failure of conservator or personal representative to appear
and file accounts and vouchers on appointed day. If such conservator or personal representative
fails to appear and file his or her accounts and vouchers for settlement, any person having
an interest may appear and contest such account and the court must hear and determine such
contest and, whether such contest be made or not, must render a decree on such account which
has the force and effect of a decree rendered on a voluntary settlement by such conservator
or personal representative. (Code 1886, §2476; Code 1896, §2361; Code 1907, §4451; Code
1923, §8224; Code 1940, T. 21, §154; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-39.htm - 1K - Match Info - Similar pages

35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-85.htm - 1K - Match Info - Similar pages