Beam v. Taylor

(dissenting in case no. 1120678).

I respectfully dissent. For the reasons that follow, I believe the circuit court has subject-matter jurisdiction over this con-servatorship.

I. Statutory Construction

The language of § 26-2-2, Ala.Code 1975, does not expressly require that the petition to remove the conservatorship be *580filed in, and the removal order entered by, the circuit court. The statute reads:

“[A]n order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person…