§ 26-2A-130 — Protective Proceedings

Alabama § 26-2A-130

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 2A: Alabama Uniform Guardianship and Protective Proceedings Act
• Art. 2: Protection of Persons Under Disability and Their Property
• Div. 3: Protection of Property of Persons Under Disability and Minors

Text

(a) Upon petition and after notice and hearing in accordance with the provisions of this division, the court may appoint a conservator or make any other protective order for cause as provided in this section.
(b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns funds or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for health, support, education, or maintenance and that protection is necessary or desirable to obtain or provide funds.
(c) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (i) the person is unable to manage property and business affairs effectively for such reasons as mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and that (ii) (aa) the person has property that will be wasted or dissipated unless property management is provided, or that (bb) funds are needed for the health, support, education, or maintenance of the person or of those entitled to the person’s support and that protection is necessary or desirable to obtain or provide the funds.

Legislative History

(Acts 1987, No. 87-590, p. 975, §2-301.)