Code of Alabama
Article 3 - Guardians of Incapacitated Persons.
Section 26-2-48 - Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Procedure.

The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name, sex, age, and residence of such person, the court by which he or she was declared incapacitated and the property requiring the care of a conservator.
On the filing of such application, the court must appoint a day for the hearing thereof, notice of which must be given for three successive weeks by publication in some newspaper published in the county or, if there is no such paper published in the county, by publication in a paper published in an adjoining county, and a copy of such paper must be mailed by the probate judge to such person at the post office nearest his or her residence. The court must appoint a guardian ad litem to represent and defend for such person and it shall be the duty of such guardian ad litem to put in issue the facts stated in the application. If, on the hearing the application is not granted, the court must render a decree against the applicant for all the costs of the proceedings, including the reasonable compensation of the guardian ad litem.

Structure Code of Alabama

Code of Alabama

Title 26 - Infants and Incompetents.

Chapter 2 - Appointment of Guardians.

Article 3 - Guardians of Incapacitated Persons.

Section 26-2-43 - Procedure Generally - Summoning, etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated.

Section 26-2-44 - Procedure Generally - Impaneling and Swearing in of Jury; Filling of Vacancies on Jury.

Section 26-2-45 - Procedure Generally - Entry of Decree, Recordation of Proceedings and Appointment of Conservator by Court Upon Rendition of Verdict of Jury.

Section 26-2-46 - Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum.

Section 26-2-47 - Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Authorization.

Section 26-2-48 - Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Procedure.

Section 26-2-50 - Appointment of General Conservator of County or Sheriff as Guardian.

Section 26-2-51 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Contents of Application, Etc.

Section 26-2-52 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Appointment of Date for Hearing on Application; Notice to Guardian or Conservator, Etc.

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., Whe...

Section 26-2-54 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Entry of Decree or Judgment as to Contested Application Upon Rendition of Verdict of Jury.

Section 26-2-55 - Revocation of Guardianship or Conservatorship - Upon Application by Guardian or Conservator.