§ 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 declared incapacitated and the property requiring the care of a conservator.
On the filing of such application, the court must appoint a day for the hearing thereof, notice of which must be given for three successive weeks by publication in some newspaper published in the county or, if there is no such paper published in the county, by publication in a paper published in an adjoining county, and a copy of such paper must be mailed by the probate judge to such person at the post office nearest his or her residence. The court must appoint a guardian ad litem to represent and defend for such person and it shall be the duty of such guardian ad litem to put in issue the facts stated in the application. If, on the hearing the application is not granted, the court must render a decree against the applicant for all the costs of the proceedings, including the reasonable compensation of the guardian ad litem.

Legislative History

(Code 1867, §2415; Code 1876, §2755; Code 1886, §2403; Code 1896, §2268; Code 1907, §4358; Code 1923, §8116; Code 1940, T. 21, §22; Acts 1987, No. 87-590, p. 975, §2-333(b).)