§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.  


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  • If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree 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 and must adjudge the costs as is just and equitable, but if the verdict of the jury negatives the facts stated in the application, a judgment of dismissal at the cost of the applicant or of the next friend must be entered.

(Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code 1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No. 87-590, p. 975, §2-333(b).)