§ 26-2A-81 — Resignation, Removal, and Other Post-Appointment Proceedings

Alabama § 26-2A-81

• 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) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given, as prescribed in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
(d) If the court determines at any time in the proceeding that the interest of the ward is 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, §2-112.)