§ 26-2A-50 — Notice; Method and Time of Giving

Alabama § 26-2A-50

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 2A: Alabama Uniform Guardianship and Protective Proceedings Act
• Art. 1: General Provisions, Definitions and Jurisdiction of Court
• Div. 4: Notice, Parties, and Representation in Guardianship and Protective Proceedings

Text

(a) If notice of a hearing on any petition is required, other than a notice meeting specific notice requirements otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to the person to be notified or to the attorney if the person has appeared by attorney or requested that notice be sent to an attorney.
(b) Notice must be given:
(1) By mailing a copy of the notice at least 14 days before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified using the post office address given in the request for notice, if any, or to the person’s office or place of residence, if known;
(2) By delivering a copy thereof to the person being notified personally at least 14 days before the time set for the hearing; or
(3) If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing, at least once a week for three consecutive weeks, a copy of the notice in a newspaper having general circulation in the county in which the hearing is to be held, the last publication of which is to be at least 10 days before the time set for the hearing.
(c) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(d) Proof of the giving of notice must be made not later than the hearing and filed in the proceeding.

Legislative History

(Acts 1987, No. 87-590, p. 975, §1-401.)