(a) The court must require a conservator to furnish a bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control, plus one year's estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land.
(b) The court may at any time reduce the bond of the conservator or require the conservator to provide additional or larger bond as may seem to be proper or necessary to protect the interests of the protected person.
(c) Any individual, who is authorized under this chapter to nominate a conservator by will or other writing, may, by express provision in the will or other writing nominating the conservator, exempt the conservator from giving bond; and when a provision to that effect is made, the bond must not be required except in the following cases:
(1) When any guardian, conservator, guardian ad litem, other fiduciary, or any person interested in the ward or the estate of the protected person makes affidavit, showing the affiant's interest and alleging that the interest is, or will be, endangered for want of security; or
(2) When, in the opinion of the court, the estate is likely to be wasted, to the prejudice of any person interested therein.
(d) In the cases provided for by subsection (c), upon application for the conservator to give bond, the conservator may show cause against applications of the exceptions and must have notice as the judge may deem reasonable; but if the conservator is not in the state, the application may be heard and determined without notice.
Structure Code of Alabama
Title 26 - Infants and Incompetents.
Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.
Article 2 - Protection of Persons Under Disability and Their Property.
Division 3 - Protection of Property of Persons Under Disability and Minors.
Section 26-2A-130 - Protective Proceedings.
Section 26-2A-131 - Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons.
Section 26-2A-133 - Original Petition for Appointment or Protective Order.
Section 26-2A-135 - Procedure Concerning Hearing and Order on Original Petition.
Section 26-2A-136 - Permissible Court Orders.
Section 26-2A-137 - Protective Arrangements and Single Transactions Authorized.
Section 26-2A-138 - Who May Be Appointed Conservator; Priorities.
Section 26-2A-140 - Terms and Requirements of Bonds.
Section 26-2A-141 - Effect of Acceptance of Appointment.
Section 26-2A-142 - Compensation; Reimbursement; Court Costs.
Section 26-2A-143 - Death, Resignation, or Removal of Conservator.
Section 26-2A-144 - Petitions for Orders Subsequent to Appointment.
Section 26-2A-145 - Conservator's Standard of Care and Performance.
Section 26-2A-146 - Inventory and Records.
Section 26-2A-148 - Conservators; Title by Appointment.
Section 26-2A-149 - Recording of Conservator's Letters.
Section 26-2A-151 - Persons Dealing With Conservators; Protection.
Section 26-2A-152 - Powers of Conservator in Administration.
Section 26-2A-153 - Distributive Duties and Powers of Conservator.
Section 26-2A-154 - Enlargement or Limitation of Powers of Conservator.
Section 26-2A-155 - Preservation of Estate Plan; Right to Examine.
Section 26-2A-156 - Claims Against Protected Person; Enforcement.
Section 26-2A-157 - Personal Liability of Conservator.
Section 26-2A-158 - Termination of Proceedings.
Section 26-2A-160 - Foreign Conservator; Proof of Authority; Bond; Powers.