§ 26-2A-75 — Procedure for Court-Appointment of Guardian of Minor

Alabama § 26-2A-75

• 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. 1: Guardians of Minors

Text

(a) A minor or any person interested in the welfare of the minor may petition for appointment of a guardian.
(b) After the filing of a petition, the court shall set a date for hearing, and the petitioner shall give notice of the time and place of hearing the petition in the manner prescribed by Section 26-2A-50 to:
(1) The minor, if 14 or more years of age and not the petitioner;
(2) Any person alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition; and
(3) Any living parent of the minor.
(c) Upon hearing, if the court finds that a suitable person seeks appointment, venue is proper, the required notices have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and best interest of the minor will be served by the requested appointment, it shall make the appointment and issue letters. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will serve the best interest of the minor.
(d) If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.

Legislative History

(Acts 1987, No. 87-590, p. 975, §2-106.)