Alabama § 26-2-46 Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum

Alabama Statutes

§ 26-2-46 — Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum

Alabama § 26-2-46

Title 26Infants and Incompetents

Ch. 2Appointment of Guardians

Art. 3Guardians of Incapacitated Persons

This text of Alabama § 26-2-46 (Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 26-2-46 (2026).

Text

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 taken without notice to him or her , but, on the filing of the application, the court must appoint a guardian ad litem to represent and defend for him or her. It shall be the duty of such guardian by answer to put in issue the facts stated in the application and to employ counsel at the expense of such person of unsound mind to appear and defend him or her.

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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 taken without notice to him or her , but, on the filing of the application, the court must appoint a guardian ad litem to represent and defend for him or her. It shall be the duty of such guardian by answer to put in issue the facts stated in the application and to employ counsel at the expense of such person of unsound mind to appear and defend him or her.