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SB83 ENGROSSED
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SB83
G3HLP62-2
By Senator Orr
RFD: Judiciary
First Read: 13-Jan-26
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SB83 Engrossed
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First Read: 13-Jan-26
A BILL
TO BE ENTITLED
AN ACT
Relating to guardianships and conservatorships; to
amend Sections 26-2-2, 26-2-3, 26-2A-20 26-2A-50, 26-2A-52,
26-2A-103, 26-2A-134, and 26-2A-136, Code of Alabama 1975, and
to add Sections 26-2A-54, 26-2A-107.1, and 26-2A-136.1 to the
Code of Alabama 1975; to further provide procedures and
requirements relating to the removal of proceedings involving
guardianships or conservatorships from probate court to the
circuit court; to further provide for notice requirements for
petitions involving a guardianship, conservatorship, or
protective proceeding; to require guardians ad litem to
undergo training before appointment in a case involving a
guardianship, conservatorship, or protective proceeding; to
specify the duties of such a guardian ad litem; to require the
court to appoint a court representative in proceedings
involving a guardianship or protective order, with exceptions;
to provide for the duties and responsibilities of a court
representative; to provide for the appointment of temporary or
emergency guardians in certain circumstances to prevent harm
to an adult's physical heath, safety, or welfare; to provide
for the appointment of temporary or emergency conservators or
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for the appointment of temporary or emergency conservators or
other temporary or emergency relief in certain circumstances
to prevent harm to an adult's property or financial interests;
to allow the court to penalize attorneys or parties who
improperly petition for temporary or emergency guardians or
conservators; to revise the authority of a court to preserve
and apply the property of a person who is the subject of an
ongoing protective order proceeding; to repeal Section
26-2A-107, Code of Alabama 1975, relating to emergency orders
for a temporary guardian; and to make nonsubstantive,
technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 26-2-2, 26-2-3, 26-2A-20, 26-2A-50,
26-2A-52, 26-2A-103, 26-2A-134, and 26-2A-136 are amended to
read as follows:
"§26-2-2
(a) For all guardianships, conservatorships, and other
protective proceedings commencing before January 1, 2027, the
The administration or conduct of any guardianship or
conservatorship of a minor or incapacitated person may be
removed from the probate court to the circuit court, at any
time before the final settlement thereof by the guardian or
conservator of any such guardianship or conservatorship or
guardian ad litem or next friend of such ward or anyone
entitled to support out of the estate of such ward without
assigning any special equity, and an 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
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by any such guardian or conservator or guardian ad litem or
next friend for the ward or such person entitled to support
out of the estate of such ward, reciting in what capacity the
petitioner acts and that in the opinion of the petitioner such
guardianship or conservatorship can be better administered in
the circuit court than in the probate court.
(b) The following shall apply to all guardianships,
conservatorships, and other protective proceedings commenced
on or after January 1, 2027:
(1)a. Except for a proceeding pending in a probate
court in a county where the probate court or judge of probate
exercises equity jurisdiction concurrent with that of the
circuit court, a proceeding in a probate court under this
chapter or Chapter 2A may be removed to the circuit court for
the county where the proceeding in probate court is pending at
any time before the probate court has taken steps toward a
final settlement.
b. Removal under this subdivision may be done by any of
the following parties:
1. The guardian, including any emergency or temporary
guardian appointed by a court of competent jurisdiction and
any guardian appointed in another jurisdiction for the person
who is the subject of the proceeding.
2. The conservator, including any emergency or
temporary conservator appointed by a court of competent
jurisdiction and any conservator appointed in another
jurisdiction for the person who is the subject of the
proceeding.
3. The alleged incapacitated person, prior to a
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3. The alleged incapacitated person, prior to a
determination of incapacity.
4. The guardian ad litem or attorney for the person who
is the subject of the proceeding.
5. An agent acting under a facially valid durable power
of attorney executed prior to the commencement of any such
proceeding by the person who is the subject of the proceeding.
6. Any facility in which the person who is the subject
of the proceeding resides or has been admitted as a patient.
7. The next friend of the person who is the subject of
the proceeding.
8. The Department of Human Resources.
9. Any person entitled to support out of the estate of
the person who is the subject of the proceeding.
10. The spouse of the person who is the subject of the
proceeding.
(2) To remove a proceeding from the probate court to
the circuit court, the removing party shall file in the
circuit court to which the proceeding is being removed a
notice of removal that contains all of the following:
a. A description of the nature of the proceeding being
removed.
b. Whether a jury trial is demanded under Section
26-2A-35.
c. The removing party's interest in the proceeding
being removed.
d. The name of all interested persons to the proceeding
being removed to which the removing party is delivering the
notice of removal.
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notice of removal.
(3) Following the removal to the circuit court, the
removing party shall file a copy of the notice of removal with
the clerk of the probate court and shall send a copy of the
notice of removal to all interested parties listed in the
notice. Upon receiving a copy of the notice of removal, the
probate court may not take further action unless and until the
removed proceeding is remanded, except to deliver a copy of
the record in the probate court to the clerk of the circuit
court.
(4) The circuit court shall have jurisdiction of a
removed proceeding upon filing of the notice of removal with
the circuit clerk. None of the following may deprive the
circuit court of jurisdiction to hear and decide the removed
proceeding:
a. The omission of any information required to be
included in the notice of removal.
b. An incorrect statement of any information required
to be included in the notice of removal.
c. The failure of the probate court to deliver a copy
of the record of proceedings in that court.
(5) If a necessary party to the proceedings does not
receive notice of the proceedings as required by law before
the notice of removal is filed, the removing party shall cause
notice of the proceeding to be issued to the necessary party
as provided in the Alabama Rules of Civil Procedure or as
otherwise provided by law.
(6) The circuit court may remand a proceeding removed
under this section to the probate court if the circuit court
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under this section to the probate court if the circuit court
finds any of the following:
a. The removal was sought for purpose of improper
delay.
b. The removal did not comply with applicable law.
c. Judgment on all contested matters pending before the
circuit court is final and: (i) the time for an appeal expired
without the filing of an appeal; or (ii) if an appeal was
filed, there is a final adjudication of the appeal.
d. All interested parties or their representatives have
requested the removed proceeding be remanded to probate court.
(7) Following remand by the circuit court, the clerk of
the circuit court shall deliver a copy of the order of remand
and the record of all proceedings in the circuit court to the
clerk of the probate court, to be filed with the records of
the proceeding in the probate court. The probate court shall
proceed with the proceeding in accordance with the circuit
court's order.
(8) In any proceeding removed from a probate court, the
circuit court may issue all necessary orders and process to
bring before it all proper parties, whether served by process
issued by the probate court or otherwise.
(9) Neither remand nor anything else shall prevent the
subsequent removal of a proceeding to the circuit court under
this section. "
"§26-2-3
(a) In any county where the judge of probate is
required to be learned in the law, the administration or
conduct of any guardianship or conservatorship of a minor or
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conduct of any guardianship or conservatorship of a minor or
incapacitated person may be removed from the probate court to
the circuit court pursuant to Section 26-2-2 at any time
before a proceeding for final settlement thereof is commenced
in probate court by the guardian or conservator of the
guardianship or conservatorship or guardian ad litem or next
friend of a ward or anyone entitled to support out of the
estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a
guardianship or conservatorship transferred pursuant to this
section to the probate court if the circuit court finds that
the removal was sought for the purpose of improper delay or
did not comply with applicable law. The circuit court may
remand the administration of a guardianship or conservatorship
pursuant to this section to the probate court if the circuit
court finds that any of the following apply:
(1) The circuit court has issued a final order or
judgment on all contested matters pending before the circuit
court in the administration of the guardianship or
conservatorship and the time for an appeal of the order or
judgment has expired without an appeal being filed or, if an
appeal was filed, after the final adjudication of the appeal.
(2) All interested parties or their representatives
request the administration of the guardianship or
conservatorship be remanded to probate court.
(b) Nothing in subsection (a) shall prevent the
administration of a guardianship or conservatorship from being
removed again to the circuit court pursuant to Section 26-2-2
after the administration has been remanded to the probate
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after the administration has been remanded to the probate
court as provided above.
(c) This section shall not apply to any guardianship,
conservatorship, or other protective proceeding commenced on
or after January 1, 2027. "
"§26-2A-20
For the purposes of As used in this chapter , the
following terms shall have the following meanings ,
respectively, unless the context clearly indicates otherwise :
(1) CLAIMS. In respect of With respect to a protected
person, includes the liabilities of the protected person,
whether arising in contract, tort, or otherwise, and
liabilities of the estate which arise at or after the
appointment of a conservator, including expenses of
administration.
(2) CONSERVATOR. A person who is appointed by a court
to manage the estate of a protected person and. The term
includes a limited conservator described in Section
26-2A-148(a).
(3) COURT. A probate court of this state.
(4) COURT REPRESENTATIVE. A person appointed in a
guardianship or protective proceeding who : (i) is trained in
law, nursing, or social work ,; (ii) is an officer, employee,
or special appointee of the court ,; (iii) and has no personal
interest in the proceeding.
(5) DISABILITY. Cause for a protective order as
described in Section 26-2A-130.
(6) ESTATE. Includes the The property of the person
whose affairs are subject to this chapter.
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whose affairs are subject to this chapter.
(7) GUARDIAN. A person who has qualified as a guardian
of a minor or incapacitated person pursuant to parental or
spousal nomination or court appointment and. The term includes
a limited guardian as described in Sections 26-2A-78(e) and
26-2A-105(c), but excludes one a person who is merely a
guardian ad litem.
(8) INCAPACITATED PERSON. Any person who is impaired by
reason of mental illness, mental deficiency, physical illness
or disability, physical or mental infirmities accompanying
advanced age, chronic use of drugs, chronic intoxication, or
other cause (, except minority ,) to the extent of lacking
sufficient understanding or capacity to make or communicate
responsible decisions.
(9) LEASE. Includes an oil, gas, or other mineral
lease.
(10) LETTERS. Includes letters Letters of guardianships
and letters of conservatorship.
(11) MINOR. A person who is under 19 years of age and
has not otherwise had the disabilities of minority removed.
(12) MINOR WARD. A minor for whom a guardian has been
appointed solely because of minority.
(13)(12) MORTGAGE. Any conveyance, agreement, or
arrangement in which property is used as collateral.
(14)(13) ORGANIZATION. Includes a A corporation,
business trust, estate, trust, partnership, association, two
or more persons having a joint or common interest, government,
governmental subdivision or agency, or any other legal entity.
(15)(14) PARENT. Includes any Any person entitled to
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(15)(14) PARENT. Includes any Any person entitled to
take, or who would be entitled to take if the child died
without a will, as a parent by intestate succession from the
child whose relationship is in question and. The term excludes
any person who is only a stepparent, foster parent, or
grandparent.
(16)(15) PERSON. An individual or an organization,
unless the context otherwise requires.
(17)(16) PETITION. A written request to the court for
an order after notice.
(18)(17) PROCEEDING. Includes action Action at law and
suit in equity.
(19)(18) PROPERTY. Includes both Both real and personal
property , or any interest therein , and means anything that may
be the subject of ownership.
(20)(19) PROTECTED PERSON. A minor or other person for
whom a conservator has been appointed or other protective
order has been made as provided in Sections 26-2A-136 and
26-2A-137.
(21)(20) PROTECTIVE PROCEEDING. A proceeding under the
provisions of Division 3 of Article 2 , Division 3 .
(22) RESPONDENT. An individual for whom: (i) a petition
requests the court to enter a protective order to appoint a
guardian or conservator; (ii) a protective arrangement is
sought; or (iii) any emergency or temporary guardian,
conservator, or other relief is requested.
(23)(21) SECURITY. Includes any Any note,; stock ,;
treasury stock ,; bond, debenture ,; evidence of indebtedness ,;
certificate of interest or participation in an oil, gas, or
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certificate of interest or participation in an oil, gas, or
mining title or lease or in payments out of production under
such a title or lease ,; collateral trust certificate,
transferable share ,; voting trust certificate or, in general,
any interest or instrument commonly known as a security, or
any certificate of interest or participation ,; any temporary
or interim certificate, receipt or certificate of deposit for,
or any warrant or right to subscribe to or purchase any of the
foregoing.
(24)(22) WARD. A person for whom a guardian has been
appointed. A "minor ward" is a minor for whom a guardian has
been appointed solely because of minority. "
"§26-2A-50
(a) If notice of a hearing on any petition is required,
other than a notice meeting specific notice requirements
otherwise provided under Sections 26-2A-103, 26-2A-107.1,
26-2A-134, and 26-2A-136.1 , the petitioner shall cause notice
of the time and place of the hearing of any petition to be
given to the person to be notified or to the attorney if the
person has appeared by attorney or requested that notice be
sent to an attorney.
(b) Notice must shall be given by service in the manner
provided for service of summons in the Alabama Rules of Civil
Procedure, except as follows :
(1) If by certified mail or commercial carrier, By
mailing a copy of the notice shall be sent at least 14 days
before the time set for the hearing by certified, registered,
or ordinary first-class mail and addressed to the person being
notified using the post office address given in the request
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notified using the post office address given in the request
for notice, if any, or to the person's office or place of
residence, if known ;.
(2) If by process server, by By delivering a copy
thereof the notice to the person being notified personally at
least 14 10 days before the time set for the hearing ; or.
(3) If by publication when the address or identity of
any person is not known and cannot be ascertained with
reasonable diligence, by publishing a copy of the notice , at
least once a week for three consecutive weeks , a copy of the
notice in a newspaper having general circulation in the county
in which the hearing is to be held, the last publication of
which is to shall be at least 10 days before the time set for
the hearing.
(c) The court for good cause shown may provide for a
different method or time of giving notice for any hearing.
(d) Proof of the giving of notice must be made not
later than the hearing and filed in the proceeding."
"§26-2A-52
(a) At any point in a proceeding, a court may appoint a
guardian ad litem to represent the interest of a minor or
other person respondent if the court determines that
representation of the interest otherwise would be inadequate.
If not precluded by conflict of interests, a guardian ad litem
may be appointed to represent several persons or interests.
(b) The primary responsibility of a guardian ad litem
is to protect the best interests of the respondent. The duties
of a guardian ad litem include the following:
(1)a. Meet with the respondent prior to court hearings
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(1)a. Meet with the respondent prior to court hearings
and when apprised of emergencies or significant events
impacting the respondent.
b. Explain, in terms understandable to the respondent,
what is expected to happen before, during, and after each
court hearing.
(2) Conduct a thorough and independent investigation.
Unless otherwise directed by the court, the investigation
shall include the following:
a. Obtaining and reviewing relevant documents.
b. Interviewing the person who appears to have caused
the petition to be filed and any other person who is nominated
to serve as guardian or conservator.
c. Interviewing the respondent, if practicable.
d. Prior to a final hearing on the appointment of a
guardian or conservator, and at other times as necessary,
visiting the present dwelling of the respondent.
e. Making reasonable efforts to ascertain the
respondent's wishes.
f. Identifying less-restrictive alternatives to
guardianship or conservatorship.
(3) Unless represented by counsel, inform an alleged
incapacitated adult respondent of the respondent's right to be
present at the hearing, to be represented by counsel, to
prevent evidence and cross-examine witnesses, and to demand a
trial by jury.
(4) Advocate for appropriate services for the
respondent.
(5) Advocate for the result that is the least
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(5) Advocate for the result that is the least
restrictive in type, duration, and scope and consistent with
an alleged incapacitated adult respondent's best interests.
(6) Submit a report and recommendation in writing to
the court. In making the report, the guardian ad litem shall
be an advocate for the best interests of the respondent. The
guardian ad litem should consider, but is not bound by, the
wishes of the respondent.
(7) Attend all court hearings and file all necessary
pleadings to facilitate the best interests of the respondent.
(8) Avoid conflicts of interest, impropriety, and
self-dealing.
(c) The court may include additional duties or
instructions for the guardian ad litem in its order of
appointment.
(d) Unless otherwise provided by court order, a
guardian ad litem's duties in a proceeding terminate: (i) when
the court has issued a final order or judgment and the time
for an appeal of the order or judgment has expired without an
appeal being filed; or (ii) if an appeal was filed, after the
final adjudication of the appeal.
(e) Before being appointed by the court, every guardian
ad litem appointed under this chapter shall successfully
complete a training program prepared or approved by the
Alabama Probate Judges Association and the Alabama Law
Institute. "
"§26-2A-103
(a) Except as provided in Section 26-2A-107.1, in In a
proceeding for the appointment of a guardian of an
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proceeding for the appointment of a guardian of an
incapacitated person , and, if notice is required in a
proceeding for appointment of a temporary guardian , notice of
hearing must shall be given to each of the following:
(1) The person alleged to be incapacitated respondent ,
her or his spouse (if any) the respondent's spouse, if any ,
and adult children, or if none, parents ;.
(2) Any person who is serving as guardian , or
conservator , or who has the care and custody of the person
alleged to be incapacitated; respondent.
(3) In case no other person is notified under paragraph
subdivision (1), at least one of the nearest adult relatives
residing in this state, if any can be found ; and.
(4) Any other person as directed by the court.
(b) Notice of hearing on a petition for an order
subsequent to appointment of a guardian must be given to the
ward respondent , the guardian, and any other person as ordered
by the court.
(c) Notice must be served personally on the alleged
incapacitated person respondent as provided in Section
26-2A-50(b)(2) . Notices to other persons as required by
subsection (a)(1) must (a) or (b) shall be served personally
if the person to be notified can be found within the state. In
all other cases, required notices must be given as provided in
Section 26-2A-50.
(d) The person alleged to be incapacitated respondent
may not waive notice."
"§26-2A-134
(a) On a petition for appointment of a conservator or
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(a) On a petition for appointment of a conservator or
other protective order, the requirements for notice described
in Section 26-2A-103 apply, but (i) if except that:
(1) If the person to be protected respondent has
disappeared or is otherwise situated so as to make personal
service of notice impracticable, notice to the person must
respondent shall be given by publication as provided in
Section 26-2A-50 , and (ii) if ; and
(2) If the person to be protected respondent is a
minor, the provisions of Section 26-2A-75 also apply.
(b) Notice, as described in Section 26-2A-103, of any
hearing on a petition for an order subsequent to appointment
of a conservator or other protective order must be given to
the protected person respondent , any conservator of the
protected person's respondent's estate, and any other person
as ordered by the court."
"§26-2A-136
(a) The court shall exercise the authority conferred in
this division to encourage the development of maximum
self-reliance and independence of a protected person and make
protective orders only to the extent necessitated by the
protected person's mental and adaptive limitations and other
conditions warranting the procedure.
(b) The court has the following powers that may be
exercised directly or through a conservator in respect to the
estate and business affairs of a protected person:
(1) While a petition for appointment of a conservator
or other protective order is pending and after preliminary
hearing and without notice, the court may preserve and apply
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hearing and without notice, the court may preserve and apply
the property of the person to be protected as may be required
for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for
an appointment or other protective order exists with respect
to a minor without other disability, the court has all those
powers over the estate and business affairs of the minor which
are or may be necessary for the best interest of the minor and
members of minor's immediate family.
(2)(3) After hearing and upon determining that a basis
for an appointment or other protective order exists with
respect to a person for reasons other than minority, the
court, for the benefit of the person and members of the
person's immediate family, has all the powers over the estate
and business affairs which the person could exercise if
present and not under disability, except the power to make a
will. Subject to subsection (c), those powers include, but are
not limited to, the powers to do the following: power to make
a. Make gifts ; to convey .
b. Convey or release contingent and expectant interests
in property, including marital property rights and any right
of survivorship incident to joint tenancy or tenancy by the
entirety ; to exercise .
c. Exercise or release powers held by the protected
person as trustee, personal representative, custodian for
minors, conservator, or donee of a power of appointment ; to
enter.
d. Enter into contracts ; to create .
e. Create revocable or irrevocable trusts of property
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e. Create revocable or irrevocable trusts of property
of the estate which may extend beyond the disability or life
of the protected person ; to exercise .
f. Exercise options of the protected person to purchase
securities or other property ; to exercise .
g. Exercise rights to elect options and change
beneficiaries under insurance and annuity policies and to
surrender the policies for their cash value ; to exercise .
h. Exercise any right to an elective share in the state
of the person's deceased spouse and to renounce or disclaim
any interest by testate or intestate succession or by inter
vivos transfer.
(c) The court may exercise or direct the exercise of
the following powers only if , after notice and hearing, the
court is satisfied , after notice and hearing, that it is in
the best interest of the protected person , and that the person
either is incapable of consenting or has consented to the
proposed exercise of power:
(1) To exercise or release powers of appointments of
which the protected person is done ;.
(2) To renounce or disclaim interests ;.
(3) To make gifts in trust or otherwise exceeding in
the aggregate 20 percent of the year's income of the estate ;
and.
(4) To change beneficiaries under insurance and annuity
policies.
(d) Except for the disability necessitating the
appointment, a determination that a basis for appointment of a
conservator or other protective order exists has no effect
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conservator or other protective order exists has no effect
otherwise on the capacity of the protected person. A
conservator has all the powers granted by this section, unless
specifically limited by the court. A protected person does not
have or possess powers granted to the conservator."
Section 2. Sections 26-2A-54, 26-2A-107.1, and
26-2A-136.1 are added to the Code of Alabama 1975, to read as
follows:
§26-2A-54
(a) In any proceeding under this article, the court
shall appoint a court representative unless the court
determines that the appointment is not likely to aid the court
or would add unnecessary expense to the proceeding. At any
time after the order is entered, the court may appoint a court
representative if the court determines that the appointment
would aid the court.
(b) Each court representative shall have training or
experience in the type of abilities, limitations, and needs
alleged in the petition, and have no personal interest in the
proceedings. An appointed court representative shall be an
officer, employee, or special appointee of the court.
(c) A court representative appointed under subsection
(a) shall do all of the following, unless otherwise directed
or limited by the court:
(1) Independently evaluate the petition and the
allegations made in the petition.
(2) Interview the respondent in person and do both of
the following in a manner that the respondent is best able to
understand:
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understand:
a. Explain to the respondent the substance of the
petition and the nature, purpose, and effect of the
proceeding.
b. Determine the respondent's views about the relief
sought by the petitioner.
(3) Interview the petitioner and proposed guardian or
conservator, if any.
(4) If relevant to the proceedings, visit the
respondent's present dwelling and any dwelling in which the
court representative reasonably believes the respondent will
live if the relief sought is granted.
(5) Obtain information from any physician or other
person known to have treated, advised, or assessed the
respondent's relevant physical or mental condition.
(6) File a report of the court representative's
findings in a record with the court, unless waived by the
court for good cause shown.
(d) The court may use the service of any public or
charitable agency as an additional court representative to
evaluate the condition of the respondent and to make
appropriate recommendations to the court.
§26-2A-107.1
(a) Either at the court's discretion after a petition
has been filed under this division or on petition by a person
interested in the adult's welfare, the court may appoint a
temporary guardian or emergency guardian for an adult if the
court finds all of the following:
(1) The appointment of a temporary guardian or
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(1) The appointment of a temporary guardian or
emergency guardian is likely to prevent substantial harm to
the adult's physical health, safety, or welfare.
(2) No other person appears to have the authority and
the willingness to act in the circumstances.
(3) There is reason to believe that a basis for
appointment of a guardian under Section 26-2A-102 exists.
(b)(1) Immediately upon the filing of a petition for
appointment of a temporary guardian or emergency guardian of
an adult and if a guardian ad litem has not been appointed to
represent the respondent, the court shall appoint a guardian
ad litem to represent the respondent in the proceeding.
(2) Except as otherwise provided in subsection (d), the
court shall provide notice of the date, time, and place of a
hearing on a petition for appointment of a temporary guardian
or emergency guardian of an adult no later than five days
before the time set for the hearing to all of the following
parties:
a. The respondent.
b. The respondent's guardian ad litem and attorney.
c. Any other person that the court determines is an
appropriate party to the hearing.
(c)(1) The duration of authority of a temporary
guardian for an adult may not exceed 60 days. A temporary
guardian may exercise only the powers specified in the order
of appointment.
(2) Prior to the expiration of the duration of
authority granted to a temporary guardian for an adult under
subdivision (1), the duration of authority of a temporary
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subdivision (1), the duration of authority of a temporary
guardian for an adult may be extended for a second term of not
more than 60 days without a hearing, provided that the court
finds both of the following:
a. The conditions for appointment of a temporary
guardian in subsection (a) continue.
b. It is in the best interest of the respondent to
continue the appointment.
(3) Prior to the expiration of the second or any
subsequent term of the duration of authority granted to a
temporary guardian under subdivision (2), the authority of a
temporary guardian for an adult may be extended for a third or
subsequent term of not more than 60 days upon hearing and upon
the court finding that there is good cause to extend the
temporary appointment. Notice of the date, time, and place of
the hearing to extend the temporary appointment shall be given
in accordance with the requirements of subsection (b).
(d)(1) The court may appoint an emergency guardian for
an adult without providing notice to the adult, the adult's
guardian ad litem, or any attorney for the adult only if the
court finds from an affidavit or testimony that the adult's
physical health, safety, or welfare will be substantially
harmed before a hearing with notice on the appointment can be
held.
(2) The duration of authority of an emergency guardian
for an adult may not exceed 10 days. The emergency guardian
may exercise only the powers specified in the order of
appointment.
(3) If the court appoints an emergency guardian without
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(3) If the court appoints an emergency guardian without
giving notice under subsection (b), the court must do each of
the following:
a. Give notice of the appointment of the emergency
guardian no later than 48 hours after the appointment to:
1. The respondent;
2. The respondent's guardian ad litem and attorney, if
any; and
3. Any other person that the court determines is an
appropriate party to the hearing.
b. Hold a hearing on the appropriateness of the
emergency appointment no later than 10 days after the
appointment, with notice of the date, time, and place of the
hearing given at least five days before the time set for the
hearing to those persons listed in paragraph a.
(4) At the conclusion of the hearing on the emergency
appointment, the court may do any of the following:
a. Appoint a temporary guardian for the adult.
b. Terminate the emergency guardianship without
appointment of a temporary guardian.
c. Grant such other relief as may be proper.
(e) The appointment of a temporary guardian or
emergency guardian under this section is not a determination
that a basis exists for appointment of a guardian under
Section 26-2A-102.
(f) The court may remove a temporary guardian or
emergency guardian appointed under this section at any time.
(g) The court may order a temporary guardian or
emergency guardian to file a written report, the contents of
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emergency guardian to file a written report, the contents of
which may be determined by the court. A temporary guardian or
emergency guardian shall make any report the court requires.
(h) No county sheriff shall be appointed as a temporary
guardian or emergency guardian pursuant to this section unless
the county sheriff consents and accepts the appointment as
temporary guardian or emergency guardian.
§26-2A-136.1
(a) Either at the court's discretion after a petition
has been filed under this division or on petition under this
division by a person interested in the adult's welfare, the
court may appoint a temporary conservator or emergency
conservator for the person or grant such other temporary or
emergency relief as may be appropriate, including an order to
preserve and apply property of the person as required for
support of the person or any person who is in fact dependent
on the person, if the court finds all of the following:
(1) The appointment of a temporary conservator or
emergency conservator or granting of other temporary or
emergency relief is likely to prevent substantial and
irreparable harm to the person's property or financial
interests.
(2) No other person appears to have the authority and
the willingness to act in the circumstances.
(3) There is reason to believe that a basis for
appointment of a conservator or other protective order under
Section 26-2A-130 exists.
(b)(1) Immediately upon the filing of a petition for
appointment of a temporary conservator or emergency
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appointment of a temporary conservator or emergency
conservator or other temporary or emergency relief and if a
guardian ad litem has not been appointed to represent the
respondent, the court shall appoint a guardian ad litem to
represent the respondent in the proceeding.
(2) Except as otherwise provided in subsection (d), the
court shall provide notice of the date, time, and place of a
hearing on a petition under this section at least five days
before the time set for the hearing to all of the following
parties:
a. The respondent.
b. The respondent's guardian ad litem and attorney, if
any.
c. Any other person that the court determines is an
appropriate party to the hearing.
(c) The duration of authority of a temporary
conservator and the duration of any other temporary relief
ordered under this section may not exceed 60 days. The
temporary conservator may exercise only the powers specified
in the order of appointment.
(2) Prior to the expiration of the duration of
authority granted to a temporary conservator or the expiration
of the duration of any other temporary relief under
subdivision (1), the duration of authority of a temporary
conservator or the duration of any other temporary relief may
be extended for a second term of not more than 60 days without
a hearing, provided that the court finds both of the
following:
a. The conditions for appointment of a temporary
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a. The conditions for appointment of a temporary
conservator or for the granting of any other temporary relief
under subsection (a) continue.
b. It is in the interest of the respondent to continue
the appointment of a temporary conservator or granting of
temporary relief.
(3) Prior to the expiration of the second or any
subsequent term of the duration of authority granted to a
temporary conservator or the duration of any other temporary
relief under subdivision (2), the authority of a temporary
conservator or any other temporary relief may be extended for
a third or subsequent term of not more than 60 days upon
hearing and upon the court finding that there is good cause to
extend the temporary appointment or granting of temporary
relief. Notice of the date, time, and place of the hearing to
extend the temporary appointment or other temporary relief
shall be given in accordance with the requirements established
in subsection (b).
(d)(1) The court may appoint an emergency conservator
or grant other emergency relief without providing notice to
the respondent, the respondent's guardian ad litem, or any
attorney for the respondent only if the court finds from an
affidavit or testimony that the respondent's property or
financial interests will be substantially and irreparably
harmed before a hearing with notice on the appointment can be
held.
(2) The duration of authority of an emergency
conservator may not exceed 10 days. The emergency conservator
may exercise only the powers specified in the order of
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may exercise only the powers specified in the order of
appointment. The duration of any other emergency relief may
not exceed 10 days.
(3) If the court appoints an emergency conservator or
grants other emergency relief without giving notice under
subsection (b), the court must do each of the following:
a. Give notice of the appointment of the emergency
conservator or the granting of emergency relief not later than
48 hours after the appointment to:
1. The respondent;
2. The respondent's guardian ad litem and attorney, if
any; and
3. Any other person that the court determines is an
appropriate party to the hearing.
b. Hold a hearing on the appropriateness of the
emergency appointment or granting of emergency relief not
later than 10 days after the appointment is made or the
emergency relief is granted, with notice of the date, time,
and place of the hearing given at least five days before the
time set for the hearing to those persons listed in paragraph
a.
(4) At the conclusion of the hearing on the emergency
appointment or granting of emergency relief, the court may do
any of the following:
a. Appoint a temporary conservator for the adult.
b. Terminate the emergency conservatorship or other
emergency relief without further appointment or relief.
c. Grant such other relief as may be proper.
(e) The appointment of a temporary conservator or
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(e) The appointment of a temporary conservator or
emergency conservator under this section is not a
determination that a basis exists for appointment of a
conservator or other protective order under Section 26-2A-130.
(f) The court may remove a temporary conservator or
emergency conservator appointed under this section at any
time.
(g) The court may order a temporary conservator or
emergency conservator to file a written report, the contents
of which may be determined by the court. A temporary
conservator or emergency conservator shall make any report the
court requires.
(h) No county sheriff shall be appointed as a temporary
conservator or emergency conservator pursuant to this section
unless the county sheriff consents and accepts the appointment
as temporary conservator or emergency conservator.
(i) The requirements of Section 26-2A-139 shall apply
to any individual appointed as a temporary conservator or
emergency conservator under this section.
(j) This section shall apply to all conservatorships
and other protective proceedings commenced on or after January
1, 2027.
Section 3. Section 26-2A-107, Code of Alabama 1975,
relating to the emergency appointment of temporary guardians,
is repealed.
Section 4. This act shall become effective on January
1, 2027.
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1, 2027.
Senate
Read for the first time and referred
to the Senate committee on Judiciary
................13-Jan-26
Read for the second time and placed
on the calendar:
1 amendment
................12-Feb-26
Read for the third time and passed
as amended
Yeas 33
Nays 0
Abstains 0
................17-Feb-26
Patrick Harris,
Secretary.
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