Title 26 — Title 26

The provisions of this chapter are applicable to minors and to incapacitated persons. History: (Acts 1977, No. 20, p. 28; Acts 1987, No. 87-590, p. 975, §2-333(b).)

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 w…

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 applicati…

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 …

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 th…

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 cer…

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. History: (Code 1886, §24…

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 anothe…

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 acco…

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 prope…

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 suc…

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, w…

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 we…

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 re…

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. History: (Code 1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2…

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, r…

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. History: (…

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 s…

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 sa…

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 rece…