US Lawyer Database

§ 34-5-106. Petition for Appointment of Guardian

A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file a petition within thirty […]

§ 34-5-107. Evidence of Necessity for Guardian of Minor

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or the administrator’s authorized representative, setting forth the age of the minor as shown by the records of the veterans administration and the fact that the appointment of a guardian is a condition precedent to the […]

§ 34-5-108. Evidence of Necessity for Guardian for Incompetent

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator, or the administrator’s duly authorized representative, that the person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration and that the appointment […]

§ 34-5-109. Notice of Petition for Appointment

Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward and to other persons, in the manner provided by the general law of this state, and also to the veterans administration as provided by this chapter.

§ 34-3-109. Support of Person With a Disability’s Spouse or Minor Children

The appointment of a conservator for a person with a disability does not automatically terminate the duty of the person with a disability to support such spouse or dependent minor children of the person with a disability. The court having jurisdiction over the person with a disability may establish the amount of financial support to […]

§ 34-2-105. Where Guardian Needed — Court Order

If the court determines a guardian is needed, the court shall enter an order which shall: Name the guardian or guardians; If the guardian is to manage the property of the minor, then: Set the amount of the guardian’s bond unless waived as authorized in § 34-1-105; Set forth the nature and frequency of each […]

§ 34-3-101. Action for Appointment of Conservator — Where Brought

Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue. An action for the appointment of a conservator shall be brought in the county of residence of the alleged person with a disability. Nothing in […]

§ 34-3-103. Priority of Persons to Be Considered for Appointment

Subject to the court’s determination of what is in the best interests of the person with a disability, the court shall consider the following persons in the order listed for appointment of the conservator: The person or persons designated in a writing signed by the alleged person with a disability; The spouse of the person […]