reglab/statecodes huggingface dataset:
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 26-5-34 - Final Settlement Generally - Authorization and Procedure Generally for Compulsion of Settlement by Personal Representative of Conservator.

Section 26-5-34
Final settlement generally - Authorization and procedure generally for compulsion of settlement by personal representative of conservator.
On the death of a conservator, at any time after the expiration of six months from the qualification of his or her personal representative, such representative may be required, on 10 days' notice, such notice to be given by the service of process, to appear and make settlement of the conservatorship of his or her testator or intestate.
(Code 1886, §2471; Code 1896, §2356; Code 1907, §4446; Code 1923, §8219; Code 1940, T. 21, §149; 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 26-5-35 - Proceedings Upon Failure of Conservator to Obey Process to Appear and File Accounts and Vouchers.

Section 26-5-35
Proceedings upon failure of conservator to obey process to appear and file accounts and vouchers.
If a conservator fails to obey any process requiring him or her to appear and file his or her accounts and vouchers for a final or partial settlement, the court of probate may, by attachment, compel his or her appearance and may, if on appearance he or she refuses to file such accounts and vouchers or to show good cause for his or her omission, imprison him or her for a period not exceeding six months.
(Code 1886, §2472; Code 1896, §2357; Code 1907, §4447; Code 1923, §8220; Code 1940, T. 21, §150; 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 26-5-36 - Statement of Account by Court Upon Failure of Conservator or Personal Representative to File Accounts and Vouchers After Notice.

Section 26-5-36
Statement of account by court upon failure of conservator or personal representative to file accounts and vouchers after notice.
If a conservator, after notice, fails to file his or her accounts and vouchers for a final or partial settlement or if the personal representative of a conservator, after notice, fails to file the accounts and vouchers of his or her testator or intestate for final settlement, the court of probate has authority to state an account against the conservator or against his or her personal representative from the materials on file or of record in the court and from such evidence as may be adduced, charging such conservator with all wherewith he or she is by law chargeable and crediting him or her with all wherewith by law he or she ought to be credited.
(Code 1886, §2473; Code 1896, §2358; Code 1907, §4448; Code 1923, §8221; Code 1940, T. 21, §151; 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 26-5-38 - Proceedings Upon Appearance; Filing of Accounts and Vouchers, etc., by Conservator or Personal Representative on Appointed Day.

Section 26-5-38
Proceedings upon appearance; filing of accounts and vouchers, etc., by conservator or personal representative on appointed day.
If, on or before the day so appointed, the conservator, or the personal representative of the conservator, if the account is stated against such representative, appears and files his or her accounts and vouchers for settlement and pays such costs as have accrued under the proceedings, the court must set aside such proceedings and proceed to settlement in the manner prescribed by law on the accounts and vouchers so filed.
(Code 1886, §2475; Code 1896, §2360; Code 1907, §4450; Code 1923, §8223; Code 1940, T. 21, §153; 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 26-5-39 - Proceedings Upon Failure of Conservator or Personal Representative to Appear and File Accounts and Vouchers on Appointed Day.

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).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 3 - Settlement Upon Death of Conservator. › Section 26-5-50 - Filing of Account and Vouchers for Final Settlement With Succeeding Conservator, etc., by Sureties on Bond of Conservator.

Section 26-5-50
Filing of account and vouchers for final settlement with succeeding conservator, etc., by sureties on bond of conservator.
In case of the death of a conservator who has not made a final settlement of his or her conservatorship and when there shall have not been granted letters of administration or testamentary on his or her estate, the sureties on his or her official bond may proceed to make settlement of his or her administration of the estate as conservator in the probate court having jurisdiction thereof by filing an account and vouchers for final settlement with the succeeding conservator or cestui que trust or minors and guardian ad litem where minors are interested.
(Code 1923, §5935; Code 1940, T. 21, §155; 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 3 - Settlement Upon Death of Conservator. › Section 26-5-51 - Personal Representative of Conservator May Be Made Party to Settlement Proceedings.

Section 26-5-51
Personal representative of conservator may be made party to settlement proceedings.
Should a personal representative of such deceased conservator be appointed at any time before final decree, any party to the proceeding may on motion have such personal representative of such deceased conservator made a party to such settlement on 10 days' notice.
(Code 1923, §5936; Code 1940, T. 21, §156; 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 3 - Settlement Upon Death of Conservator. › Section 26-5-52 - Succeeding Conservator, etc., May Secure Order Requiring Sureties to Make Settlement in Probate Court.

Section 26-5-52
Succeeding conservator, etc., may secure order requiring sureties to make settlement in probate court.
In any case where a conservator shall die without having made a final settlement of his or her conservatorship and a successor is appointed, such succeeding conservator or ward or the cestui que trust may by petition to the court in which such estate is pending have an order requiring the sureties on such bond to make settlement of such estate in the court after 10 days' notice of the day fixed by the judge thereof.
(Code 1923, §5937; Code 1940, T. 21, §157; 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 3 - Settlement Upon Death of Conservator. › Section 26-5-53 - Settlement Conclusive.

Section 26-5-53
Settlement conclusive.
In all such cases provided for in Section 26-5-52, the settlement therein provided for shall be final and conclusive against such sureties, save the right of review by appeal or otherwise as now provided by law.
(Code 1923, §5938; Code 1940, T. 21, §158.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 5 - Settlements of Accounts of Conservators. › Article 3 - Settlement Upon Death of Conservator. › Section 26-5-54 - Issuance of Execution, etc., Against Sureties.

Section 26-5-54
Issuance of execution, etc., against sureties.
Execution and all other final process may issue against the sureties on the bond to enforce the judgments.
(Code 1923, §5939; Code 1940, T. 21, §159.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 1 - General Provisions. › Section 26-8-1 - Applicability of Chapter.

Section 26-8-1
Applicability of chapter.
The provisions of this chapter are applicable to minors and to incapacitated persons.
(Acts 1977, No. 20, p. 28; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 2 - Removal to Another County. › Section 26-8-20 - Authorization Generally.

Section 26-8-20
Authorization generally.
The court of probate or circuit court from which letters of guardianship or conservatorship have issued has authority to order the removal to another county of the person and property of a minor or ward if it is shown that such removal will advance the interests of the minor or ward.
(Code 1842, §2035; Code 1867, §2445; Code 1876, §2802; Code 1886, §2483; Code 1896, §2368; Code 1907, §4458; Code 1923, §8231; Code 1940, T. 21, §103; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 2 - Removal to Another County. › Section 26-8-21 - Application for Removal and Notice of Hearing Thereon; Appointment of Guardian Ad Litem.

Section 26-8-21
Application for removal and notice of hearing thereon; appointment of guardian ad litem.
Authority for such removal may be obtained on the application in writing, verified by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which show that the removal will advance the interests of the minor or ward. If application is made by the minor or ward by next friend, a day must be appointed for the hearing, 10 days' notice of which must be given the guardian or conservator by the service of process. If application is made by the guardian or conservator, a day, not less than 10 days after the filing of the application, must be appointed for the hearing and a guardian ad litem appointed to represent the minor or ward, who must put in issue the facts stated in the application and require proof thereof.
(Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802; Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code 1923, §8232; Code 1940, T. 21, §104; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 2 - Removal to Another County. › Section 26-8-22 - Hearing; Entry of Order Authorizing Removal or Dismissal of Application and Taxing of Costs Against Applicant.

Section 26-8-22
Hearing; entry of order authorizing removal or dismissal of application and taxing of costs against applicant.
If, on the hearing, the court is satisfied that the removal will advance the interests of the minor or ward, an order authorizing it shall be made and entered; otherwise, the application shall be dismissed and the guardian or conservator or the next friend, as the application may be made by the one or the other, must be taxed with the costs.
(Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2485; Code 1896, §2370; Code 1907, §4460; Code 1923, §8233; Code 1940, T. 21, §105; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 2 - Removal to Another County. › Section 26-8-23 - Preparation, Certification, and Filing of Record of Proceedings; Grant of Guardianship or Conservatorship and Filing of Transcript Thereof; Removal; Powers of Guardian or Conservator as to Recovery, Receipt, etc., of Property of Minor or Ward.

Section 26-8-23
Preparation, certification, and filing of record of proceedings; grant of guardianship or conservatorship and filing of transcript thereof; removal; powers of guardian or conservator as to recovery, receipt, etc., of property of minor or ward.
If the removal authorized is of the person and property of the minor or ward, a transcript of the record of the proceedings must be made and certified and filed in the court of probate of the county to which the removal is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship or conservatorship of the person or conservatorship of property of the minor or ward, and on such grant being made and a transcript thereof, duly certified, being filed in the court of probate authorizing the removal, such removal may be made. The conservator so appointed has full authority to demand, recover, and receive the property of the minor or ward from and after the making of the removal.
(Code 1886, §2486; Code 1896, §2371; Code 1907, §4461; Code 1923, §8234; Code 1940, T. 21, §106; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 2 - Removal to Another County. › Section 26-8-24 - Settlement of Conservatorship of Former Conservator and Certification of Transcript Thereof to Probate Court of County to Which Removal Authorized.

Section 26-8-24
Settlement of conservatorship of former conservator and certification of transcript thereof to probate court of county to which removal authorized.
On the filing of such transcript, the court must require the conservator of its appointment to make a final settlement of his or her conservatorship; and when such settlement is made, the court must certify a transcript thereof to the court of probate of the county to which the removal was authorized.
(Code 1886, §2487; Code 1896, §2372; Code 1907, §4462; Code 1923, §8235; Code 1940, T. 21, §107; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 2 - Removal to Another County. › Section 26-8-25 - Jurisdiction of Guardianship Not Affected Where Removal of Property Only Authorized.

Section 26-8-25
Jurisdiction of guardianship not affected where removal of property only authorized.
If the removal authorized is of the property only of the minor or ward, the jurisdiction of the court authorizing the removal is not affected, and it must retain jurisdiction of the guardianship as if such removal had not been authorized.
(Code 1886, §2488; Code 1896, §2373; Code 1907, §4463; Code 1923, §8236; Code 1940, T. 21, §108.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › 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.

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).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-41 - Removal of Property of Minor or Ward Whose Parent, etc., Resides Without State or Removes Minor or Ward From State - Application, etc., for Order of Removal.

Section 26-8-41
Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Application, etc., for order of removal.
The application for the order of removal must be made in writing, signed by the parent, guardian, or other person having legal custody of the minor or ward, verified by affidavit and accompanied by a transcript, duly certified, of the appointment of a conservator for such minor or ward by a court of competent jurisdiction in the state of the residence of the parent, guardian, or other person having legal custody of the minor and of the bond of such conservator with sureties approved by such court; provided, that if the conservator so appointed is a corporate fiduciary which, under the laws of the state wherein appointed, is not required to make bond, a certificate from the appointing authority stating this may be filed in lieu of a copy of the conservator's bond.
(Code 1886, §2490; Code 1896, §2375; Code 1907, §4465; Code 1923, §8238; Code 1940, T. 21, §110; Acts 1949, No. 140, p. 166; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-42 - Removal of Property of Minor or Ward Whose Parent, etc., Resides Without State or Removes Minor or Ward From State - Entry of Order of Removal.

Section 26-8-42
Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Entry of order of removal.
The court, if satisfied of the truth of the application and that the transcript of the appointment of the conservator in the state of the residence of the parent or conservator is in due form and properly certified and that the court making the appointment has jurisdiction, must make an order authorizing the removal of the property of the minor or ward and authorizing such conservator to receive the same.
(Code 1886, §2491; Code 1896, §2376; Code 1907, §4466; Code 1923, §8239; Code 1940, T. 21, §111; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-43 - Removal of Property of Minor or Ward Whose Parent, etc., Resides Without State or Removes Minor or Ward From State - Settlement of Conservatorship of Conservator Within State.

Section 26-8-43
Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Settlement of conservatorship of conservator within state.
If such minor or ward has a conservator in this state appointed by the court or subject to the jurisdiction of the court, an order must be made and entered requiring such conservator to make a final settlement of this conservatorship.
(Code 1876, §2801; Code 1886, §2492; Code 1896, §2377; Code 1907, §4467; Code 1923, §8240; Code 1940, T. 21, §112; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-44 - Removal of Property or Money When Minor or Ward and Conservator Nonresidents - Authorization Generally.

Section 26-8-44
Removal of property or money when minor or ward and conservator nonresidents - Authorization generally.
When the conservator and the minor or ward are both nonresidents and the minor or ward is entitled to any property in this state or is or will be entitled to any money from any estate, the administration of which is pending in this state, whether such estate shall or shall not have been finally settled, and the money or property may be removed to another state without conflict with any restriction or limitation thereupon and without impairing the right of the minor or ward thereto, such money and property may be received and removed to the state of the residence of the minor or ward upon application of the conservator to the judge of probate of the county in which the property of the minor or ward or the principal part thereof may be or in which such administration may be pending in the manner following.
(Code 1852, §2032; Code 1867, §2442; Code 1876, §2797; Code 1886, §2494; Code 1896, §2378; Code 1907, §4468; Code 1923, §8241; Code 1940, T. 21, §113; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-45 - Removal of Property or Money When Minor or Ward and Conservator Nonresidents - When Removal of Person and Estate of Minor or Ward Permitted.

Section 26-8-45
Removal of property or money when minor or ward and conservator nonresidents - When removal of person and estate of minor or ward permitted.
The guardian may remove the person or the conservator may remove the estate of a minor or ward to another state by making a full settlement with the judge of the probate court where his or her letters were granted of his or her conservator accounts and by procuring a transcript of the record of a court of competent jurisdiction of such other state, certified according to the act of Congress, showing the appointment of such person as guardian or conservator of the minor or ward, the execution of bond by the conservator with surety for the performance of the trust. Thereupon, the judge of probate must make an order authorizing such removal.
(Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469; Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-46 - Removal of Property or Money When Minor or Ward and Conservator Nonresidents - Transcript Showing Appointment as Conservator of Minor or Ward in State of Residence, etc.; Notice to Resident Administrator, Guardian, etc.; Entry of Order Authorizing Removal of Property to State of Residence.

Section 26-8-46
Removal of property or money when minor or ward and conservator nonresidents - Transcript showing appointment as conservator of minor or ward in state of residence, etc.; notice to resident administrator, guardian, etc.; entry of order authorizing removal of property to state of residence.
The conservator must produce a transcript from the records of a court of competent jurisdiction, certified according to the act of Congress, showing that he or she has been appointed conservator of the minor or ward in the state in which he or she and the minor or ward reside and has duly qualified as such according to the laws thereof and given bond, with surety, for the performance of his or her trust; and must also give 10 days' notice to the resident executor, administrator, or conservator, if there is such, of the intended application. Thereupon, if good cause is not shown to the contrary and the judge of probate shall be satisfied, upon proof being made, that it will be for the interest of the minor or ward, such judge of probate shall make an order granting such conservator leave to remove the property of the minor or ward to the state or place of his or her residence, which shall be an authority to him or her to sue for and recover the same in his or her own name for the use of the minor or ward.
(Code 1852, §2033; Code 1867, §2443; Code 1876, §2798; Code 1886, §2495; Code 1896, §2380; Code 1907, §4470; Code 1923, §8243; Code 1940, T. 21, §115; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-47 - Removal of Property or Money When Minor or Ward and Conservator Nonresidents - Discharge of Resident Administrator, Etc.

Section 26-8-47
Removal of property or money when minor or ward and conservator nonresidents - Discharge of resident administrator, etc.
Such order is a discharge of the executor, administrator, or other person in whose possession such property may be at the time of the order made.
(Code 1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2496; Code 1896, §2381; Code 1907, §4471; Code 1923, §8244; Code 1940, T. 21, §116.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-48 - Sale of Property to Effect Removal Thereof From State - Authorization.

Section 26-8-48
Sale of property to effect removal thereof from state - Authorization.
When the property of a minor or incapacitated person is ordered to be removed from the state under any provision contained in this article, the court making the order may, on the application of the person by whom such order of removal was obtained, order a sale of any property, real or personal, of such minor or incapacitated person as may be necessary to effect such removal.
(Code 1896, §2382; Code 1907, §4472; Code 1923, §8245; Code 1940, T. 21, §117; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-49 - Sale of Property to Effect Removal Thereof From State - Application for Order of Sale.

Section 26-8-49
Sale of property to effect removal thereof from state - Application for order of sale.
The application for such order of sale must be in writing, verified by affidavit, must describe the property sought to be sold and must state the facts showing that the interest of the minor or incapacitated person would be promoted by the proposed sale.
(Code 1896, §2383; Code 1907, §4473; Code 1923, §8246; Code 1940, T. 21, §118; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-50 - Sale of Property to Effect Removal Thereof From State - Proceedings Under Application; Appointment, Powers, etc., of Commissioner for Conduct of Sale.

Section 26-8-50
Sale of property to effect removal thereof from state - Proceedings under application; appointment, powers, etc., of commissioner for conduct of sale.
The court, in the order of sale, must appoint a suitable person commissioner to make the sale and, except as otherwise provided in this article, the authority and duty of such commissioner is the same as that of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner so appointed fails to act or to complete the sale, another may be appointed at any time by an order of the court.
(Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940, T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-51 - Sale of Property to Effect Removal Thereof From State - Disposition of Proceeds From Sale; Compensation of Commissioner.

Section 26-8-51
Sale of property to effect removal thereof from state - Disposition of proceeds from sale; compensation of commissioner.
The commissioner must, as soon as practicable after the receipt of the purchase money for the property sold by him or her, pay the same to the judge of probate or register or clerk, as the case may be, of the court ordering the sale, and such money must be retained and safely kept by such judge or register or clerk until the sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be, by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such money must be by such officer paid over to the foreign conservator entitled to receive the same, after deducting therefrom the costs and expenses attending the sale, including compensation to the commissioner in the amount of two and one-half percent upon the proceeds of such sale, but in no case more than $100.
(Code 1896, §2385; Code 1907, §4475; Code 1923, §8248; Code 1940, T. 21, §120; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 8 - Removal of Person or Property of Minors and Wards. › Article 3 - Removal to Another State. › Section 26-8-52 - Foreign Conservator to Execute and Deliver Receipts for Money or Property Removed From State.

Section 26-8-52
Foreign conservator to execute and deliver receipts for money or property removed from state.
When a foreign conservator receives any money or property to be removed to another state under any of the provisions of this article, he or she shall execute and deliver to the person or officer from whom he or she receives such money or property receipts therefor, in duplicate, one of which must be by such person or officer duly forwarded by mail to the presiding officer of the court from which such conservator received his or her appointment.
(Code 1896, §2386; Code 1907, §4476; Code 1923, §8249; Code 1940, T. 21, §121; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-1 - Short Title.

Section 26-9-1
Short title.
This chapter may be cited as the Uniform Veterans' Guardianship Act.
(Acts 1931, No. 240, p. 280.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-2 - Definitions.

Section 26-9-2
Definitions.
When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. A partnership, corporation, or an association.
(2) ADMINISTRATION. The United States Veterans' Administration or its successor.
(3) ESTATE and INCOME. Such terms include only moneys received by the guardian from the Veterans' Administration and all earnings, interest, and profits derived therefrom.
(4) BENEFITS. All moneys payable by the United States through the Veterans' Administration.
(5) ADMINISTRATOR. The Administrator of Veterans' Affairs of the United States Veterans' Administration.
(6) WARD. A beneficiary of the administration.
(7) GUARDIAN. Any person acting as a fiduciary for a ward and includes a conservator appointed under Alabama Uniform Guardianship and Protective Proceedings Act.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §160; Acts 1987, No. 87-590, p. 975, §2-333(b).)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-3 - When Guardian to Be Appointed for Ward.

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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-4 - Limitations as to Appointment of Guardians.

Section 26-9-4
Limitations as to appointment of guardians.
Except as provided in this chapter, it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the administration under this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in the case. The limitations of this section shall not apply where the guardian is a bank or trust company acting for the wards' estates only. An individual may be guardian of more than five wards if they are all members of the same family.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §162.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-5 - Procedure for Appointment of Guardian - Filing of Petition; Contents Thereof.

Section 26-9-5
Procedure for appointment of guardian - Filing of petition; contents thereof.
A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there is no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within 30 days after mailing of notice by the administration to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.
The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the administration and shall set forth the amount of moneys then due and the amount of probable future payments. The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.
In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent on examination by the administration in accordance with the laws and regulations governing the administration.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §163.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-6 - Procedure for Appointment of Guardian - Certification as to Age, etc., of Minor Ward.

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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-7 - Procedure for Appointment of Guardian - Certification as to Incompetence, etc., of Mentally Incompetent Ward.

Section 26-9-7
Procedure for appointment of guardian - Certification as to incompetence, etc., of mentally incompetent ward.
Where a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the administrator or his or her representative setting forth the fact that such person has been rated incompetent by the administration on examination in accordance with the laws and regulations governing such administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such persons by the administration shall be prima facie evidence of the necessity for such appointment.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §165.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-8 - Procedure for Appointment of Guardian - Notice of Filing of Petition.

Section 26-9-8
Procedure for appointment of guardian - Notice of filing of petition.
Upon the filing of a petition for the appointment of a guardian under the provisions of this chapter, the court shall cause such notice to be given as provided by law.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §166.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-9 - Procedure for Appointment of Guardian - Appointment of Guardian; Execution and Filing of Bonds by Guardian; Filing of Certificate by Personal Sureties.

Section 26-9-9
Procedure for appointment of guardian - Appointment of guardian; execution and filing of bonds by guardian; filing of certificate by personal sureties.
Before making an appointment under the provisions of this chapter the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed.
Upon the appointment being made, the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The bond shall be in the form and be conditioned as required of a guardian appointed under the guardianship laws of this state and it shall be the duty of the court having jurisdiction of the cause, upon the application by any party in interest, to require the filing of an individual bond in accordance with the provisions of this section without regard to the provisions of any preexisting general or local statute or charter provision of any corporation exempting the fiduciary from the posting of an individual guardianship bond. The court shall have power from time to time to require the guardian to file an additional bond.
Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.
(Acts 1936-37, Ex. Sess., No. 227, p. 270; Code 1940, T. 21, §167.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-11 - Application of Estate for Support and Maintenance of Person Other Than Ward.

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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-12 - Furnishing of Copy of Public Record Used to Determine Eligibility for Benefits to Applicant for Benefits.

Section 26-9-12
Furnishing of copy of public record used to determine eligibility for benefits to applicant for benefits.
Whenever a copy of any public record is required by the administration to be used in determining the eligibility of any person to participate in benefits made available by such administration, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his or her behalf or the representative of such administration with a certified copy of such record.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §174.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-13 - Commitment of Incompetent Veteran to Veterans' Hospital.

Section 26-9-13
Commitment of incompetent veteran to veterans' hospital.
Whenever it appears that an incompetent veteran of any war, military occupation, or expedition is eligible for treatment in a United States veterans' hospital and commitment to such hospital is necessary for the proper care and treatment of such veteran, the courts of this state are hereby authorized to communicate with the administration with reference to available facilities and eligibility and, upon receipt of a certificate from the administration stating that there are facilities available in a United States veterans' hospital and that the veteran is entitled to hospitalization therein, the court may then direct such veteran's commitment to such United States veterans' hospital. Thereafter such veteran upon admission shall be subject to the rules and regulations of such hospital and the officials of such hospital shall be vested with the same powers now exercised by superintendents of state hospitals for mental diseases within this state with reference to the retention of custody of the veteran so committed. Notice of such pending proceedings shall be furnished the person so committed, and his or her right to appear and defend shall not be denied.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §175.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-14 - Filing of Account of Receipts and Disbursements for Settlement by Guardian; Certification of Copy Thereof to Veterans' Administration; Notice of Hearing Thereon.

Section 26-9-14
Filing of account of receipts and disbursements for settlement by guardian; certification of copy thereof to veterans' administration; notice of hearing thereon.
Every guardian who shall receive on account of his or her ward any moneys from the administration shall file with the court annually on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys so received by him or her and of all disbursements thereof, showing the balance thereof in his or her hands at the date of such account and how invested, including a complete descriptive itemization of all investments, and must submit to the court for its examination all securities and evidences of debt belonging to the ward, and the decree of the court passing the settlement must recite that all securities and evidences of debt due the ward have been presented to and examined by the court; provided, that in the absence of objection by any party in interest, the court may in its discretion and without formal proceedings extend from time to time the time for the filing of the accounts for annual or partial settlement, but no such continuance shall be granted so as to extend the time for filing such settlements to a period beyond three calendar years from the date of the appointment or the date of the last partial settlement, whichever is the later, and upon the termination of the guardianship from any cause a like account must be filed for final settlement.
A certified copy of each of such accounts filed with the court shall be sent by the guardian to the office of the administration having jurisdiction over the area in which such court is located. The court shall fix a time and place for the hearing on such account not less than 15 days nor more than 30 days from the date of filing same, and notice thereof shall be given by the court to the aforesaid administration office not less than 15 days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian; provided, that notice as required in this section may be given by registered or certified mail, addressed to the principal office of the administration located in the State of Alabama as such address appears on record in the probate office.
(Acts 1936-37, Ex. Sess., No. 227, p. 270; Code 1940, T. 21, §168.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-15 - Removal of Guardian for Failure to File Account of Moneys Received for Ward, Etc.

Section 26-9-15
Removal of guardian for failure to file account of moneys received for ward, etc.
If any guardian shall fail to file any account of the moneys received by him or her from the administration on account of his or her ward within 30 days after such account is required by either the court or the administration or shall fail to furnish the administration a copy of his or her accounts as required by this chapter, such failure shall be grounds for removal.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §170.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-16 - Discharge of Guardian.

Section 26-9-16
Discharge of guardian.
When a minor ward for whom a guardian has been appointed shall have attained his or her majority and has not been found incompetent and when any incompetent ward has been rated competent by the administration, a certificate of the administrator or his or her duly authorized representative to that effect shall be prima facie evidence that a guardian is no longer required and the court, upon the guardian filing a satisfactory final account, may discharge such guardian upon a petition filed for that purpose. Nothing contained in this section shall be construed to prevent a ward from filing a petition for the discharge of his or her guardian on the ground that the ward has attained majority or is competent or the court from acting on its own motion in such cases.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §176.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents. › Section 26-9-17 - Compensation of Guardian Generally.

Section 26-9-17
Compensation of guardian generally.
Compensation payable to a guardian shall not exceed five percent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian, the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the administration in the manner provided in Section 26-9-14. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his or her ward reasonable premiums paid by him or her to any corporate surety upon his or her bond.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §171.)