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 the trial thereof and also issue subpoenas for witnesses, as the parties may require, […]
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 truly to make inquisition of the facts alleged in the petition, and render a […]
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 enter a decree accordingly, and must cause […]
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 a hospital or asylum within or without the state, inquisition may be had and […]
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 of a conservator, may appoint a conservator for the property of such person which may […]
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, sex, age, and residence of such person, the court by which he or she was […]
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 if there be no general conservator, the sheriff must be appointed. (Code 1852, §2017; Code 1867, §§2416, 2423; […]
Section 26-2-51 Revocation of guardianship or conservatorship – Upon application by person ascertained to be incapacitated – Contents of application, etc. At any time after the inquisition, the person ascertained to be incapacitated, by himself or herself or by next friend, may apply in writing to the court of probate for a revocation of the […]
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 […]
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 […]
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 capable of managing his or her estate and the judge of probate is of the opinion, […]
