§ 26-5-12 — Final Consent Settlement Between Conservator and Ward

Alabama § 26-5-12

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 5: Settlements of Accounts of Conservators
• Art. 1: In General

Text

A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination of the ward’s incapacity or on removal of his or her ward’s disabilities of nonage by a court of competent jurisdiction or, if the ward is married and has attained the age of 18 years, or if the ward has died, present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between him or her and his or her ward, or the ward’s personal representative, if the ward has died. If such consent settlement is agreed to by the ward, or the ward’s personal representative, if the ward has died, by a written instrument, signed by him or her and acknowledged as conveyances of real estate are acknowledged, the court may approve such settlement without notice or publication or posting. The agreement of the ward, or the ward’s personal representative, if the ward has died, may be expressed by joining in the petition with his or her conservator or by a separate written instrument.
Any final settlement, so approved by the court shall have the same force and effect as other settlements made in compliance with the requirements of this article.

Legislative History

(Acts 1951, No. 769, p. 1339; Acts 1984, 2nd Ex. Sess., No. 85-49, p. 72, Acts 1987, No. 87-590, p. 975, §2-333(b).)