Intemperates and Inebriates.

Ala. Code tit. 6, ch. 6, art. 11

in effect

Ala. Code § 6-6-520 Complaint to Preserve Estate of Intemperate from Waste and for General Relief.

6-6-520. Complaint to Preserve Estate of Intemperate from Waste and for General Relief. (a) When any person over 19 years of age or any person under 19 years of age who has been relieved of the disabilities of nonage is, by reason of intemperance, unfit to manage his estate, or is wasting or squandering it and thereby in danger of being reduced to poverty and want, his wife or her husband, brother or sister, father or mother, next of kin, or any or either of them may, themselves or by their next friend, if minors, file their complaint to preserve the estate of such intemperate person from further waste and for general relief. (b) The complaint provided for in subsection (a) of this section must specify the cause for which relief is requested and the estate proposed to be secured, and such person of intemperate habits must be made a party defendant thereto. (Code 1867, §§2399, 2400; Code 1876, §§2815, 2816; Code 1886, §§2502, 2503; Code 1896, §§836, 837; Code 1907, §§4611, 4612; Code 1923, §§8555, 8556; Code 1940, T. 7, §§1064, 1065.)

Ala. Code § 6-6-521 Securing Estate Against Further Waste Pending Action.

6-6-521. Securing Estate Against Further Waste Pending Action. Pending such action, the judge must, by injunction or otherwise, secure the estate against further waste, but no such order affects the rights of creditors acquired previous to the commencement of the action. (Code 1867, §2402; Code 1876, §2818; Code 1886, §2505; Code 1896, §838; Code 1907, §4613; Code 1923, §8557; Code 1940, T. 7, §1066.)

Ala. Code § 6-6-522 Trustee - Appointment.

6-6-522. Trustee - Appointment. If the allegations of the complaint are admitted, either expressly or by failure to answer thereto, or it is established by proof that the allegations of the complaint are true and that such person is wasting his estate, or is for the cause alleged unfit for its management, so that such person will probably be reduced to want, the circuit court judge must deprive him of all further control over it and provide for its safekeeping by the appointment of a trustee, who shall give bond in double the value of the estate committed to him, to be approved by the register or clerk. (Code 1867, §2400; Code 1876, §2816; Code 1886, §2503; Code 1896, §837; Code 1907, §4612; Code 1923, §8556; Code 1940, T. 7, §1065.)

Ala. Code § 6-6-523 Trustee - Duties.

6-6-523. Trustee - Duties. The trustee appointed under this article must manage and superintend the affairs of the estate and, from the avails thereof, provide for the support of such intemperate person and his wife and children, if any, which support must be suitable to the means and estate of such intemperate person. (Code 1867, §2401; Code 1876, §2817; Code 1886, §2504; Code 1896, §839; Code 1907, §4614; Code 1923, §8558; Code 1940, T. 7, §1067.)

Ala. Code § 6-6-524 Trustee - Control by Appointing Court.

6-6-524. Trustee - Control by Appointing Court. The court making such appointment may direct and control the trustee in the management of the trust estate and has jurisdiction of the settlements, partial and final, of his accounts. (Code 1896, §841; Code 1907, §4616; Code 1923, §8560; Code 1940, T. 7, §1069.)

Ala. Code § 6-6-525 Trustee - Partial and Final Settlements of Account.

6-6-525. Trustee - Partial and Final Settlements of Account. The trustee must, at least once in three years, make partial settlement of his accounts and may be required to do so at any time; and, on the termination of the trust, he or, if he is dead, his personal representative must make final settlement thereof, such settlement to be governed by the provisions of this Code regulating settlements of guardian’s accounts in the court of probate, so far as such provisions may be applicable. (Code 1896, §842; Code 1907, §4617; Code 1923, §8561; Code 1940, T. 7, §1070.)

Ala. Code § 6-6-526 Trustee - Compensation.

6-6-526. Trustee - Compensation. Such trustee is entitled, for his services, to such compensation as is allowed guardians. (Code 1896, §843; Code 1907, §4618; Code 1923, §1071; Code 1940, T. 7, §1071.)

Ala. Code § 6-6-527 Restoration of Estate.

6-6-527. Restoration of Estate. On the petition of the person whose estate has been committed to the control of a trustee, on notice to such trustee and on satisfactory proof of the reformation of such intemperate person and of his fitness to have charge of his estate, the judge must order it to be restored. (Code 1867, §2403; Code 1876, §2819; Code 1886, §2506; Code 1896, §840; Code 1907, §4615; Code 1923, §8559; Code 1940, T. 7, §1068.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026