State Codes and Statutes

Statutes > Alabama > Title26 > Chapter2 > 26-2-53

Section 26-2-53

Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Conduct of hearing or trial upon contested application; entry of decree revoking guardianship or conservatorship, etc., where application not contested.

If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of the application, the court must appoint a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings must be had as upon the original inquisition.

If there be no contest of the allegations of the application and the court is satisfied of the truth thereof, a decree must be entered revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring that the ward must be restored to the custody and management of his or her estate.

(Code 1852, §§2759, 2760; Code 1867, §§3198, 3199; Code 1876, §§2805, 2806; Code 1886, §2399; Code 1896, §2264; Code 1907, §4354; Code 1923, §8112; Code 1940, T. 21, §18; Acts 1987, No. 87-590, p. 975, §2-333(b).)

State Codes and Statutes

Statutes > Alabama > Title26 > Chapter2 > 26-2-53

Section 26-2-53

Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Conduct of hearing or trial upon contested application; entry of decree revoking guardianship or conservatorship, etc., where application not contested.

If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of the application, the court must appoint a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings must be had as upon the original inquisition.

If there be no contest of the allegations of the application and the court is satisfied of the truth thereof, a decree must be entered revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring that the ward must be restored to the custody and management of his or her estate.

(Code 1852, §§2759, 2760; Code 1867, §§3198, 3199; Code 1876, §§2805, 2806; Code 1886, §2399; Code 1896, §2264; Code 1907, §4354; Code 1923, §8112; Code 1940, T. 21, §18; Acts 1987, No. 87-590, p. 975, §2-333(b).)

State Codes and Statutes

State Codes and Statutes

Statutes > Alabama > Title26 > Chapter2 > 26-2-53

Section 26-2-53

Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Conduct of hearing or trial upon contested application; entry of decree revoking guardianship or conservatorship, etc., where application not contested.

If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of the application, the court must appoint a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings must be had as upon the original inquisition.

If there be no contest of the allegations of the application and the court is satisfied of the truth thereof, a decree must be entered revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring that the ward must be restored to the custody and management of his or her estate.

(Code 1852, §§2759, 2760; Code 1867, §§3198, 3199; Code 1876, §§2805, 2806; Code 1886, §2399; Code 1896, §2264; Code 1907, §4354; Code 1923, §8112; Code 1940, T. 21, §18; Acts 1987, No. 87-590, p. 975, §2-333(b).)

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