reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-204 - Special Jurisdiction.

Section 26-2B-204
Special jurisdiction.
(a) A court of this state lacking jurisdiction under Section 26-2B-203 has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(2) issue a protective order with respect to real or tangible personal property located in this state;
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 26-2B-301.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
(c) The court may entertain successive petitions based upon its special jurisdiction under this section provided that the court receives no request for dismissal from the court of the respondent's home state and the court determines that the need for guardianship or conservatorship or both under this section continues.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-205 - Exclusive and Continuing Jurisdiction.

Section 26-2B-205
Exclusive and continuing jurisdiction.
Except as otherwise provided in Section 26-2B-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-206 - Appropriate Forum.

Section 26-2B-206
Appropriate forum.
(a) A court of this state having jurisdiction under Section 26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-207 - Jurisdiction Declined by Reason of Conduct.

Section 26-2B-207
Jurisdiction declined by reason of conduct.
(a)If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Section 26-2B-206; and
(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 26-2B-203.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-208 - Notice of Proceeding.

Section 26-2B-208
Notice of proceeding.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state, if any. The notice must be given in the same manner as notice is required to be given in this state, pursuant to Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-209 - Proceedings in More Than One State.

Section 26-2B-209
Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed with the case unless a court in another state issues an order establishing jurisdiction under provisions similar to Section 26-2B-203 before the appointment or issuance of an order by the court in this state.
(2) If the court in this state does not have jurisdiction under Section 26-2B-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 2 - Jurisdiction. › Section 26-2B-210 - Information to Be Submitted to Court.

Section 26-2B-210
Information to be submitted to court.
(a) Except as otherwise provided in this section, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the respondent's present address or whereabouts and the places and addresses where the respondent has lived during the last five years. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the guardianship or conservatorship of the respondent and, if so, identify the court, the case number, and the date of the guardianship or conservatorship determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including, but not limited to, proceedings for the establishment, modification, termination, or enforcement of a protective order, and, if so, identify the court, the case number, and the nature of the proceeding;
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the respondent, and, if so, the names and addresses of any such person; and
(4) Knows the names and addresses of any person not a party to the proceeding who holds an appointment or alternate appointment as legal agent of the respondent and, if so, the names and addresses of any such person.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in paragraphs (1) through (4) of subsection (a) is in the affirmative, the declarant shall give additional information under oath as may be required by the court. The court may examine the parties and other persons under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or incapacitated person would be jeopardized by disclosure of the present address or whereabouts of a party or incapacitated person, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or incapacitated person and determines that the disclosure is in the interest of justice.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 4 - Recording and Recognition of Orders From Other States. › Section 26-2B-401 - Recording of Guardianship Orders.

Section 26-2B-401
Recording of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may record the guardianship order in this state by recording as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 4 - Recording and Recognition of Orders From Other States. › Section 26-2B-402 - Recording of Protective Orders.

Section 26-2B-402
Recording of protective orders.
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to record, may record the protective order in this state by recording as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 4 - Recording and Recognition of Orders From Other States. › Section 26-2B-403 - Effect of Recording.

Section 26-2B-403
Effect of recording.
(a) Upon the recording of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers provided in Section 26-2A-160.
(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a recorded order.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 5 - Miscellaneous Provisions. › Section 26-2B-501 - Uniformity of Application and Construction.

Section 26-2B-501
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 5 - Miscellaneous Provisions. › Section 26-2B-502 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 26-2B-502
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › Article 5 - Miscellaneous Provisions. › Section 26-2B-503 - Rule of Construction.

Section 26-2B-503
Rule of construction.
Nothing in this chapter shall be construed as repealing any portion of Chapter 2A of this title, the Alabama Uniform Guardianship and Protective Proceedings Act, unless specifically addressed.
(Act 2010-500, p. 782, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-1 - Generally.

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).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-3 - Relief of Testamentary Conservator of Minor From Requirement of Giving Bond and Effect Thereof.

Section 26-3-3
Relief of testamentary conservator of minor from requirement of giving bond and effect thereof.
A testator may by his or her last will relieve the conservator of his or her appointment for a minor child or children from giving bond and sureties for the faithful performance of his or her duties as conservator, but the authority of such conservator shall not extend to any other property or estate of such minor child or children than such as is derived by gift, devise, descent, or distribution from the testator, unless he or she gives bond, with sufficient sureties, as is required of other conservators.
(Code 1852, §2018; Code 1867, §2417; Code 1876, §2762; Code 1886, §2379; Code 1896, §2274; Code 1907, §4364; Code 1923, §8137; Code 1940, T. 21, §29; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-4 - Requirement by Probate Court of Bond From Testamentary Conservator of Minor; Effect of Failure to Give Bond.

Section 26-3-4
Requirement by probate court of bond from testamentary conservator of minor; effect of failure to give bond.
Before the issue of letters of conservatorship to a testamentary conservator relieved from giving bond and sureties or at any time thereafter, if the judge of probate deems it necessary for the safety of such minor child or children, he or she may require of such conservator bond with sufficient sureties, or, on the application of such minor child or children by next friend and for good cause shown, he or she may require of such conservator bond with sufficient sureties. In either case, if such conservator fails for 10 days after the requisition of such bond to give the same, the judge of probate must withhold from his or her letters of conservatorship or, if letters have issued, must remove him or her and recall and revoke such letters.
(Code 1852, §2018; Code 1867, §2417; Code 1876, §2762; Code 1886, §2380; Code 1896, §2275; Code 1907, §4365; Code 1923, §8138; Code 1940, T. 21, §30; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-5 - General Conservator for County.

Section 26-3-5
General conservator for county.
The general conservator of the county must give bond, with at least two good and sufficient sureties, in a penalty to be prescribed by the judge of probate and payable to him or her, with condition to faithfully perform all the duties which are or may be required of him or her by law during the time he or she acts as such conservator.
(Code 1867, §2424; Code 1876, §2766; Code 1886, §2381; Code 1896, §2276; Code 1907, §4366; Code 1923, §8139; Code 1940, T. 21, §31; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-7 - Requirement of New or Additional Bond From Conservator; Effect of Failure to Give Same.

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).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-8 - Giving of New Bond by Conservator Upon Application for Discharge From Liability of Surety - Required; Effect of Failure to Give Bond.

Section 26-3-8
Giving of new bond by conservator upon application for discharge from liability of surety - Required; effect of failure to give bond.
Upon the application in writing of any surety or sureties upon the bond of a conservator requesting to be discharged from future liability as such surety or sureties or upon the application in writing of the personal representative or of an heir or devisee of a deceased surety upon such bond requesting that the estate of such deceased surety be discharged from future liability by reason of such suretyship, it shall be the duty of the court to give such conservator notice of such application and to require him or her, within 15 days after the service of the notice, to make a new bond. Upon the failure to make such bond, such conservator shall be removed and his or her letters revoked and upon such removal he or she shall make settlement of his or her conservatorship. Any number of persons having the right to make application under this section may join in the application.
(Code 1852, §2019; Code 1867, §2418; Code 1876, §2764; Code 1886, §§2385, 2409; Code 1896, §2279; Code 1907, §4369; Code 1923, §8142; Code 1940, T. 21, §34; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-9 - Giving of New Bond by Conservator Upon Application for Discharge From Liability of Surety - Effect of Giving of New Bond Upon Liability of Surety.

Section 26-3-9
Giving of new bond by conservator upon application for discharge from liability of surety - Effect of giving of new bond upon liability of surety.
When a new bond is given under Section 26-3-8, the surety on whose application or the estate of the deceased surety on whose behalf the application was made, as the case may be, is discharged as to all breaches subsequent to the execution and approval of the new bond.
(Code 1896, §2280; Code 1907, §4370; Code 1923, §8143; Code 1940, T. 21, §35.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-10 - Bonds of Certain Conservators to Have Force and Effect of Statutory Bonds.

Section 26-3-10
Bonds of certain conservators to have force and effect of statutory bonds.
The bond of the general conservator of the county or of the conservator of a minor or of an incapacitated person is valid and operative as a statutory bond and is of the same obligation, force, and effect as a statutory bond, though it may not be approved or in the penalty or payable or with the condition required by law.
(Code 1886, §2387; Code 1896, §2281; Code 1907, §4371; Code 1923, §8144; Code 1940, T. 21, §36; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-11 - Liability of Sureties Upon Certain Conditionally Executed Bonds.

Section 26-3-11
Liability of sureties upon certain conditionally executed bonds.
A surety on the bond of the general conservator of the county or on the bond of the conservator of a minor or an incapacitated person cannot avoid liability thereon on the ground that he or she signed or delivered it on condition that it should not be delivered to the judge of probate or should not become perfect unless it was executed by some other person who does not execute it.
(Code 1886, §2388; Code 1896, §2282; Code 1907, §4372; Code 1923, §8145; Code 1940, T. 21, §37; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-12 - Approval, Filing, and Recordation of Bonds.

Section 26-3-12
Approval, filing, and recordation of bonds.
All bonds given by conservators must be approved by the judge of probate issuing the letters of conservatorship and must be filed and recorded in his or her office.
(Code 1852, §2020; Code 1867, §2419; Code 1876, §2763; Code 1886, §2386; Code 1896, §2284; Code 1907, §4374; Code 1923, §8147; Code 1940, T. 21, §39; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-13 - Liability of Probate Judge, etc., for Neglect or Omission in Taking Bond.

Section 26-3-13
Liability of probate judge, etc., for neglect or omission in taking bond.
The judge of probate and the sureties on his or her official bond are liable to any person injured for any wanton, fraudulent, or intentional misconduct of the judge in not taking from a conservator a good and sufficient bond or for taking thereon insufficient surety or for wanton, fraudulent, or intentional misconduct in not requiring the execution of a new or additional bond in the cases in which such bond is required by law, if he or she knows or has good cause to believe that the case exists in which such new or additional bond should be required.
(Code 1886, §2389; Code 1896, §2283; Code 1907, §4373; Code 1923, §8146; Code 1940, T. 21, §38; Acts 1987, No. 87-590, p. 975, §2-333(b); Act 2017-174, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 3 - Bonds of Guardians. › Section 26-3-14 - Reduction of Conservator's Bond Upon Partial Settlement of Estate.

Section 26-3-14
Reduction of conservator's bond upon partial settlement of estate.
Upon the filing of any partial settlement by the conservator of a minor or an incapacitated person in the court in which such estate is pending, such conservator may pray for a reduction in the amount of his or her bond as such conservator. Thereupon, the court must set a day for the hearing of such partial settlement and must cause notices to be issued to all parties in interest as is now provided by law for final settlements of such estates and, on the day set for hearing, the court may fix the amount to which the bond shall be reduced, which shall be determined as now provided by law for such bonds.
(Acts 1939, No. 560, p. 883; Code 1940, T. 21, §40; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-1 - Jurisdiction.

Section 26-5-1
Jurisdiction.
The court of probate from which the appointment of a conservator is derived has jurisdiction of the settlement, partial or final, of the accounts of the conservator.
(Code 1886, §2453; Code 1896, §2338; Code 1907, §4428; Code 1923, §8201; Code 1940, T. 21, §128; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-2 - Partial Settlement - When Required; Filing of Account and Vouchers by Conservator; Appointment of Guardian Ad Litem for Ward.

Section 26-5-2
Partial settlement - When required; filing of account and vouchers by conservator; appointment of guardian ad litem for ward.
If not otherwise directed, the conservator must, at least once in three years, file in the court of probate an account of his or her guardianship, accompanied with the vouchers showing his or her receipts and disbursements, which must be verified by affidavit. Upon the filing of such account and vouchers the court must appoint a guardian ad litem to represent the ward.
(Code 1852, §2022; Code 1867, §2421; Code 1876, §2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940, T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-3 - Partial Settlement - Establishment of Day for Settlement; Notice Thereof.

Section 26-5-3
Partial settlement - Establishment of day for settlement; notice thereof.
The court must also appoint a day for the settlement, of which notice must be given, as the court may direct, either by advertisement for three successive weeks in a newspaper published in the county or for the same length of time by posting notice at the courthouse door and at three other public places in the county.
(Code 1886, §2455; Code 1896, §2340; Code 1907, §4430; Code 1923, §8203; Code 1940, T. 21, §130.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-4 - Partial Settlement - Examination of Vouchers and Auditing and Stating of Account; Taxing of Costs for Contest or Examination Where Vouchers or Items Rejected.

Section 26-5-4
Partial settlement - Examination of vouchers and auditing and stating of account; taxing of costs for contest or examination where vouchers or items rejected.
On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state the account, requiring evidence in support of all such vouchers or items of the account as may be contested or as may not on examination appear to the court to be just and proper, such evidence to be taken by affidavit or by any other legal mode. If any voucher or item be rejected, all costs accruing on the contest or examination thereof must be taxed against the conservator personally.
(Code 1886, §2456; Code 1896, §2341; Code 1907, §4431; Code 1923, §8204; Code 1940, T. 21, §131; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-5 - Partial Settlement - Rendition and Recordation of Decree as to Vouchers and Account; Recordation of Account and Vouchers.

Section 26-5-5
Partial settlement - Rendition and recordation of decree as to vouchers and account; recordation of account and vouchers.
After the examination of the vouchers, and the audit and statement of the account, the court must render a decree passing the same and declaring the amount of the charge against the conservator and of the credits allowed, which must be entered of record. The account and vouchers must be recorded.
(Code 1886, §2457; Code 1896, §2342; Code 1907, §4432; Code 1923, §8205; Code 1940, T. 21, §132; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-6 - Partial Settlement - Presumption as to Correctness Upon Final Settlement; Reexamination, etc., of Items of Account.

Section 26-5-6
Partial settlement - Presumption as to correctness upon final settlement; reexamination, etc., of items of account.
Upon the final settlement, a partial settlement must be taken and presumed as correct, but any item of the account may be reexamined and, if, on reexamination, it is found incorrect, the item must be disallowed or allowed only so far as its correctness may appear.
(Code 1886, §2458; Code 1896, §2343; Code 1907, §4433; Code 1923, §8206; Code 1940, T. 21, §133.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-7 - Final Settlement Generally - When Required.

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).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-8 - Final Settlement Generally - Filing of Account and Vouchers by Conservator; Appointment of Guardian Ad Litem for Ward.

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).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-9 - Final Settlement Generally - Establishment of Day for Settlement; Notice Thereof.

Section 26-5-9
Final settlement generally - Establishment of day for settlement; notice thereof.
The court must appoint a day for the settlement, of which 10 days' notice must be given to the succeeding conservator, if there is such conservator, or to the personal representative of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state and has arrived at full age or has been relieved of the disability of nonage or incapacity has terminated, and to all sureties on the bond of such conservator, by the service of process, and notice must also be given, as the court may direct, either by advertisement for three successive weeks in some newspaper published in the county or for the same length of time by posting notice at the courthouse door and at three other public places in the county.
(Code 1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704, p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-10 - Final Settlement Generally - Examination of Vouchers and Auditing and Stating of Account; Taxing of Costs for Contest or Examination Where Voucher or Items Rejected.

Section 26-5-10
Final settlement generally - Examination of vouchers and auditing and stating of account; taxing of costs for contest or examination where voucher or items rejected.
On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state the account, requiring evidence in support of all such vouchers or items of the account as may be contested or as may not on examination appear to the court to be just and proper, such evidence to be taken by affidavit or in any other legal mode. If any voucher or item be rejected, all costs accruing on the contest or examination thereof must be taxed against the conservator or his or her personal representative and not against the ward or his or her estate.
(Code 1886, §2462; Code 1896, §2347; Code 1907, §4437; Code 1923, §8210; Code 1940, T. 21, §137; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-11 - Final Settlement Generally - Rendition and Recordation of Decree as to Vouchers and Account; Recordation of Account and Vouchers.

Section 26-5-11
Final settlement generally - Rendition and recordation of decree as to vouchers and account; recordation of account and vouchers.
After the examination of the vouchers and the audit and statement of the account, the court must render a decree passing the same and declaring the amount due the ward, if there be any amount due him or her, which must be entered of record. The account and vouchers must be recorded.
(Code 1886, §2463; Code 1896, §2348; Code 1907, §4438; Code 1923, §8211; Code 1940, T. 21, §138.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-12 - Final Consent Settlement Between Conservator and Ward.

Section 26-5-12
Final consent settlement between conservator and ward.
A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination of the ward's incapacity or on removal of his or her ward's disabilities of nonage by a court of competent jurisdiction or, if the ward is married and has attained the age of 18 years, or if the ward has died, present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between him or her and his or her ward, or the ward's personal representative, if the ward has died. If such consent settlement is agreed to by the ward, or the ward's personal representative, if the ward has died, by a written instrument, signed by him or her and acknowledged as conveyances of real estate are acknowledged, the court may approve such settlement without notice or publication or posting. The agreement of the ward, or the ward's personal representative, if the ward has died, may be expressed by joining in the petition with his or her conservator or by a separate written instrument.
Any final settlement, so approved by the court shall have the same force and effect as other settlements made in compliance with the requirements of this article.
(Acts 1951, No. 769, p. 1339; Acts 1984, 2nd Ex. Sess., No. 85-49, p. 72, Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-13 - Determination, Allowance, etc., of Conservator's and Attorney's Fees Generally - Annual, Partial, or Final Settlements Generally.

Section 26-5-13
Determination, allowance, etc., of conservator's and attorney's fees generally - Annual, partial, or final settlements generally.
Upon any annual, partial, or final settlement made by any conservator, the court having jurisdiction thereof may fix, determine, and allow the fees or other compensation to which such conservator is entitled from an estate up to the time of such settlement and may also fix, determine, and allow an attorney's fee or compensation to be paid from such estate to attorneys representing such conservator for services rendered to the time of such settlement.
(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 21, §139; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-14 - Determination, Allowance, etc., of Conservator's and Attorney's Fees Generally - Final Settlements.

Section 26-5-14
Determination, allowance, etc., of conservator's and attorney's fees generally - Final settlements.
In the allowance of fees to conservators and their attorneys on final settlement the court shall take into consideration such fees as may have been allowed and paid to them prior to such final settlement, but such conservators shall be entitled to full credit for any fees allowed and paid on any annual or partial settlement after notice given as provided for in case of final settlements.
(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 21, §141; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-15 - Notice of Filing of Annual, Partial, or Final Settlement; Finality of Orders or Decrees of Court as to Such Settlement, etc., Generally; Reopening of Accounts.

Section 26-5-15
Notice of filing of annual, partial, or final settlement; finality of orders or decrees of court as to such settlement, etc., generally; reopening of accounts.
Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such conservator, require that notice thereof be given in the same manner as required by law in cases of final settlements. Any order or decree of the court on such settlement after such notice shall be final and conclusive as to all items of receipts and disbursements and other transactions and matters shown therein and as to all fees and compensation fixed or allowed to such conservator and attorney, and appeals therefrom shall and must be taken in the manner provided for from any other final decrees of such court. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or other party having an interest in the estate for amendment or revision if it later appears that the account is incorrect either because of fraud or mistake.
(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 21, §140; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-16 - Compensation of Conservator - Commissions Generally; Allowances for Actual Expenses and for Special or Extraordinary Services Rendered; Premiums on Bond.

Section 26-5-16
Compensation of conservator - Commissions generally; allowances for actual expenses and for special or extraordinary services rendered; premiums on bond.
A conservator is entitled for his or her services to reasonable compensation.
On final settlement, an allowance must be made of actual expenses necessarily incurred by him or her and, for special or extraordinary services rendered, such compensation must be allowed the conservator as is just, but no allowance of actual expenses or for special or extraordinary services must be made except upon an itemized account, verified by affidavit, of such expenses or of such special or extraordinary services, and in its decree the court must state each item for such services for which compensation is allowed. The conservator shall be allowed all reasonable premiums paid on his or her bond as conservator.
(Code 1886, §2465; Code 1896, §2350; Code 1907, §4440; Code 1923, §8213; Code 1940, T. 21, §143; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 1 - In General. › Section 26-5-18 - Enforcement of Orders or Decrees of Probate Court Against Conservator, Etc.

Section 26-5-18
Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees, and all final decrees rendered against a conservator or against the personal representative of the conservator on a final settlement have the force and effect of a judgement at law, on which execution may issue against the conservator or his or her personal representative and against the sureties of the conservator, whether the principal has signed the bond or not, whether such settlement is voluntary or involuntary and whether such settlement is made by the conservator while living or by his or her personal representative after his or her death. Process of garnishment may issue from the court of probate upon such decrees in like cases and manner as it may issue on judgments in courts of record and may, in like manner, be prosecuted to judgment against the garnishee.
(Code 1886, §2464; Code 1896, §2349; Code 1907, §4439; Code 1923, §8212; Code 1940, T. 21, §142; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 2 - Compulsion of Settlement by Probate Court. › Section 26-5-30 - Partial Settlement Generally - Authorization and Procedure Generally.

Section 26-5-30
Partial settlement generally - Authorization and procedure generally.
The court of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator to make partial settlement of his or her conservatorship. The conservator must have notice of such requirement 10 days before the day appointed for his or her appearance by service of process and may appear and show, if he or she can, that such settlement is not necessary.
(Code 1886, §2467; Code 1896, §2352; Code 1907, §4442; Code 1923, §8215; Code 1940, T. 21, §145; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 2 - Compulsion of Settlement by Probate Court. › Section 26-5-31 - Partial Settlement Generally - Application of Ward, etc., for Partial Settlement; Issuance of Process to Conservator as to Hearing Thereupon; Dismissal of Application.

Section 26-5-31
Partial settlement generally - Application of ward, etc., for partial settlement; issuance of process to conservator as to hearing thereupon; dismissal of application.
On the application of the ward by next friend or the sureties on the conservator's bond, showing satisfactory cause, the court may issue process to the conservator, requiring him or her to appear and show cause why he or she should not make a partial settlement of his or her conservatorship, of which process there must be service 10 days before the day appointed for the appearance of the conservator. If, on the hearing, it should appear that there is no satisfactory cause for ordering such settlement, the application must be dismissed at the costs of the next friend or the sureties on the conservator's bond, as the case may be.
(Code 1886, §2468; Code 1896, §2353; Code 1907, §4443; Code 1923, §8216; Code 1940, T. 21, §146; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 2 - Compulsion of Settlement by Probate Court. › Section 26-5-32 - Partial Settlement Generally - Issuance of Process Requiring Conservator to Make Partial Settlement; Taxing of Costs.

Section 26-5-32
Partial settlement generally - Issuance of process requiring conservator to make partial settlement; taxing of costs.
If a conservator fails to make a partial settlement as often as such settlement is required of him or her, the court must issue process to him or her, requiring him or her to make such settlement, and all the costs thereof and of the process must be taxed against him or her personally and must not be charged against the ward or his or her estate, unless he or she appears in answer to the process and shows a satisfactory excuse for his or her failure and files his or her accounts and vouchers for such settlement.
(Code 1886, §2469; Code 1896, §2354; Code 1907, §4444; Code 1923, §8217; Code 1940, T. 21, §147; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 2 - Compulsion of Settlement by Probate Court. › Section 26-5-33 - Final Settlement Generally - Authorization and Procedure Generally for Compulsion of Settlement by Conservator.

Section 26-5-33
Final settlement generally - Authorization and procedure generally for compulsion of settlement by conservator.
On the termination of a conservatorship by the arrival of the ward at full age by termination of the ward's incapacity or on the expiration of his or her authority otherwise, the court of probate may issue process requiring the conservator to appear at any time within 10 days after the service thereof, on a day named therein, and file his or her accounts and vouchers for a final settlement. If the conservator resides without the state, the court of probate may appoint a day for him or her to appear and file his or her accounts and vouchers for a final settlement.
(Code 1886, §2470; Code 1896, §2355; Code 1907, §4445; Code 1923, §8218; Code 1940, T. 21, §148; Acts 1987, No. 87-590, p. 975, §2-333(b).)