§ 26-2-2 — Removal of Guardianship or Conservatorship from Probate to Circuit Court

Alabama § 26-2-2

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 2: Appointment of Guardians
• Art. 1: General Provisions

Text

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 court, at any time before the final settlement thereof by the guardian or conservator of any such guardianship or conservatorship or guardian ad litem or next friend of such ward or anyone entitled to support out of the estate of such ward without assigning any special equity, and an order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person entitled to support out of the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion of the petitioner such guardianship or conservatorship can be better administered in the circuit court than in the probate court.

Legislative History

(Code 1923, §8102; Acts 1939, No. 125, p. 168; Code 1940, T. 21, §26; Acts 1987, No. 87-590, p. 975, §2-333(b).)