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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26-2-27
Section 26-2-27 Appointment of sheriff as guardian. If no fit person is appointed and qualifies
as guardian of a minor and there be no general guardian for the county, the sheriff must be
appointed guardian and the guardianship attaches to the office of sheriff. (Code 1852, §2017;
Code 1867, §2416; Code 1876, §2767; Code 1886, §2377; Code 1896, §2254; Code 1907, §4344;
Code 1923, §8101; Code 1940, T. 21, §8.)...
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26-2A-110
Section 26-2A-110 Removal or resignation of guardian; termination of incapacity. (a) On petition
of the ward or any person interested in the ward's welfare, or on its own motion, the court,
after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition
of the guardian, the court, after hearing, may accept a resignation. (b) An order adjudicating
incapacity may specify a minimum period, not exceeding one year, during which a petition for
an adjudication that the ward is no longer incapacitated may not be filed without special
leave. Subject to that restriction, the ward or any person interested in the welfare of the
ward may petition for an order that the ward is no longer incapacitated and for termination
of the guardianship. A request for an order may also be made informally to the court and any
person who knowingly interferes with transmission of the request may be adjudged guilty of
contempt of court. (c) Upon removal, resignation, or death of the...
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26-9-6
Section 26-9-6 Procedure for appointment of guardian - Certification as to age, etc., of minor
ward. Where a petition is filed for the appointment of a guardian of a minor ward, a certificate
of the administrator or his representative setting forth the age of such minor as shown by
the records of the administration and the fact that the appointment of a guardian is a condition
precedent to the payment of any moneys due the minor by the administration shall be prima
facie evidence of the necessity for such appointment. (Acts 1931, No. 240, p. 280; Code 1940,
T. 21, §164.)...
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26-2-51
Section 26-2-51 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Contents of application, etc. At any time after the inquisition,
the person ascertained to be incapacitated, by himself or herself or by next friend, may apply
in writing to the court of probate for a revocation of the proceedings against him or her
and of the letters of guardianship or conservatorship, the application to be accompanied by
the certificate in writing of two physicians or of two other competent persons stating that,
after examination of such person, they believe the person's incapacity has terminated. (Code
1852, §2758; Code 1867, §2197; Code 1876, §2804; Code 1886, §2397; Code 1896, §2262;
Code 1907, §4352; Code 1923, §8110; Code 1940, T. 21, §16; Acts 1987, No. 87-590, p. 975,
§2-333(b).)...
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26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Authorization generally. When the parent, guardian,
or other person having legal custody of a minor child or incapacitated person resides without
the state or removed with such child from the state, becoming a resident of another state,
the court of probate or the circuit court, having jurisdiction of the estate of the minor
or ward has authority to order the removal of the property of the minor or ward to a conservator
in the state of the residence of the parent, guardian, or other person having legal custody
of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907,
§4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-9-11
Section 26-9-11 Application of estate for support and maintenance of person other than ward.
A guardian shall not apply any portion of the estate of his or her ward for the support and
maintenance of any person other than his or her ward, except upon order of the court after
a hearing, notice of which has been given the proper office of the administration in the manner
provided in Section 26-9-14. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §173.)...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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43-2-353
Section 43-2-353 Revival of pending action considered as presentation. The revival of any action
pending against any person at the time of his death, which by law survives against his personal
representative, by notice served on the executor or administrator within six months after
the grant of letters, shall be considered as a presentation of the claim on which the action
is founded. (Code 1852, §1886; Code 1867, §2242; Code 1876, §2600; Code 1886, §2084; Code
1896, §134; Code 1907, §2594; Code 1923, §5819; Acts 1931, No. 719, p. 838; Code 1940,
T. 61, §215.)...
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26-9-3
Section 26-9-3 When guardian to be appointed for ward. Whenever, pursuant to any law of the
United States or regulations of the administration, the administrator requires, prior to payment
of benefits, that a guardian be appointed for a ward, such appointment shall be made in the
manner provided in this chapter. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §161.)...

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