Alabama Code 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.,…
Terms Used In Alabama Code 26-2-53
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
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 juries in probate court; summoning and drawing of jurors; certification to jury commission of names of persons disqualified, exempt and empaneled” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”12″>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.