Code of Alabama - Title 26: Infants and Incompetents - Chapter 2 - Appointment of Guardians

• Article 1 General Provisions.
• Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court
  The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit...
• Section 26-2-3 Transfer to circuit court; remand to probate court
  (a) In any county where the judge of probate is required to be learned in the law, the administration or conduct of any guardianship or...
• Article 2 General Conservator for County; Guardians of Minors.
• Section 26-2-26 General conservator for county
  The judge of probate may appoint a general conservator for the county who must be appointed and act as a conservator when no other fit...
• Section 26-2-27 Appointment of sheriff as guardian
  If no fit person is appointed and qualifies as guardian of a minor and there be no general guardian for the county, the sheriff must...
• Article 3 Guardians of Incapacitated Persons.
• Section 26-2-43 Procedure generally - Summoning, etc., of jurors, witnesses and person alleged to be incapacitated
  The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for...
• Section 26-2-44 Procedure generally - Impaneling and swearing in of jury; filling of vacancies on jury
  (a) At the time set for the trial, if good cause be not shown for continuance, the jury must be impaneled and sworn well and...
• Section 26-2-45 Procedure generally - Entry of decree, recordation of proceedings and appointment of conservator by court upon rendition of verdict of jury
  If the jury find by their verdict that the facts alleged in the petition are true and that such person is incapacitated, the court shall...
• Section 26-2-46 Procedure where person alleged to be of unsound mind confined in hospital or asylum
  If the person alleged to be of unsound mind is a resident of the county and is at the time of the application confined in...
• Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property within state - Authorization
  The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care...
• Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property within state - Procedure
  The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name,...
• Section 26-2-50 Appointment of general conservator of county or sheriff as guardian
  The general conservator of the county must be appointed conservator of an incapacitated person if no other suitable person applies for appointment and qualifies and...
• Section 26-2-51 Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Contents of application, etc
  At any time after the inquisition, the person ascertained to be incapacitated, by himself or herself or by next friend, may apply in writing to...
• Section 26-2-52 Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Appointment of date for hearing on application; notice to guardian or conservator, etc
  On the filing of such application, the court must appoint a day for the hearing thereof, not more than 10 days thereafter, and the guardian...
• Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Conduct of hearing or trial upon contested application; entry of decree revoking guardianship or conservatorship, etc., where application not contested
  If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of...
• Section 26-2-54 Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Entry of decree or judgment as to contested application upon rendition of verdict of jury
  If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree...
• Section 26-2-55 Revocation of guardianship or conservatorship - Upon application by guardian or conservator
  If, at any time after his or her appointment, the guardian or conservator becomes satisfied that the incapacity of the ward has terminated, and is...

Last modified: May 3, 2021