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AlabamaHB2492026 Regular SessionHouse

Guardianships and conservatorships; notice requirements further provided for, procedures to remove proceeding to circuit court revised, duties of guardian ad litem of a minor further provided for and training required, court representative required to be appointed for allegedly incapacitated adults in certain circumstances, appointment of temporary or emergency guardian or conservator authorized in certain circumstances

Sponsored By: David Faulkner (Republican)

Enacted

Family Law

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 0 costs, 2 mixed.

Urgent adult care with guardian limits

Beginning January 1, 2027, Alabama replaces its old emergency temporary-guardian law with new temporary and emergency guardianship rules. Courts can appoint a guardian to prevent substantial harm to an adult’s health, safety, or welfare. No other authorized, willing person must appear able to act, and there must be reason to believe guardianship is justified. Guardians can use only court-listed powers, temporarily limiting the adult’s control over those decisions. Temporary terms last up to 60 days, with at least five days’ notice before a hearing. One additional 60-day term needs no hearing if the conditions continue and extension serves the adult’s best interest; later terms require a hearing and good cause. Emergency authority lasts no more than 10 days. Appointment without advance notice requires sworn evidence that harm will occur before a noticed hearing; notice follows within 48 hours, with a hearing within 10 days. A county sheriff can serve only by agreeing to and accepting the appointment.

Urgent financial protection with notice safeguards

Beginning January 1, 2027, courts can appoint temporary or emergency conservators to prevent substantial, irreparable harm to property or finances. No other authorized, willing person must appear able to act, and there must be reason to believe financial protection is justified. Courts can preserve property and use it to support the person or a dependent, temporarily placing finances under court-authorized control. Temporary hearings require at least five days’ notice to the person, their court-appointed advocate, their attorney, and other court-designated parties. Emergency action without advance notice requires sworn evidence that harm will occur before a noticed hearing. Emergency authority lasts at most 10 days; notice follows within 48 hours, and a hearing occurs within 10 days with at least five days’ notice. At that hearing, the court can appoint a temporary conservator, end the emergency action, or grant other proper relief.

Clearer hearing notice for protected families

Beginning January 1, 2027, covered guardian and conservator cases require notice to the person involved, who cannot waive notice. Notice also goes to a spouse and adult children, or parents if there are none, plus existing guardians, conservators, and caregivers. In specified cases, the nearest adult relative living in Alabama also gets notice; cases involving minors follow additional notice rules. Unless a more specific rule applies, certified mail or commercial-carrier notice must be sent at least 14 days before the hearing; process-server delivery requires 10 days. Published notice is allowed when an identity or address cannot be found after reasonable effort. In conservator cases, notice to the person may also be published when they have disappeared or personal service is impracticable.

Independent reviews for people needing protection

Beginning January 1, 2027, courts must appoint a representative in covered protective cases unless appointment will not help or adds unnecessary expense. Representatives must be impartial court officers, employees, or special appointees with relevant training or experience, including law, nursing, or social work. They generally review petitions independently, interview the person and others, gather relevant information, and report findings. Courts can limit these duties or waive the report for good cause. Courts can also appoint a representative after the first order when that will help the court.

Limits on temporary control of finances

Beginning January 1, 2027, temporary conservatorship or other temporary relief lasts no more than 60 days initially. One extension of up to 60 days needs no hearing if the original conditions continue and continuation serves the person’s interest. Each later term lasts at most 60 days and requires a hearing, good cause, and at least five days’ notice. Temporary and emergency conservators can use only court-listed powers, must follow existing statutory requirements, and must file any court-required written reports. Courts can remove them at any time, and county sheriffs can serve only by agreeing to and accepting appointment. A temporary or emergency appointment does not itself establish grounds for a longer-term conservatorship or another protective order.

More court options for protective cases

For protective cases started on or after January 1, 2027, eligible parties can move proceedings to the same county’s circuit court. The request must come before probate court takes steps toward final settlement. This option does not apply when the probate court or judge already has equity powers shared with circuit court. Circuit court can send a case back for improper delay, failure to meet removal requirements, resolved disputes, or a joint request from all interested parties or their representatives.

Trained advocates for people needing protection

Beginning January 1, 2027, court-appointed advocates called guardians ad litem must complete training prepared or approved by the Alabama Probate Judges Association and Alabama Law Institute. Courts must immediately appoint one when a petition seeks temporary or emergency conservatorship or other temporary or emergency relief, unless one already serves. Advocates must protect the person’s best interests, meet with them, investigate independently, seek less restrictive options and suitable services, report, and attend hearings. They must also explain the proceedings and rights, including access to counsel and the right to object. Courts can limit investigations or add duties; service generally ends after the appeal deadline passes or an appeal is finally decided.

Sponsors & Cosponsors

Sponsor

  • David Faulkner

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 500 • No: 0

Senate vote • 4/7/2026

Third Reading in Second House

Yes: 30 • No: 0

Senate vote • 4/7/2026

Givhan motion to Adopt - Adopted Roll Call 1173

Yes: 30 • No: 0

House vote • 4/7/2026

Faulkner Motion to Concur In and Adopt Senate Amendment - Adopted Roll Call 1252

Yes: 104 • No: 0

Senate vote • 4/7/2026

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 1174

Yes: 30 • No: 0

House vote • 2/24/2026

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 539

Yes: 103 • No: 0

House vote • 2/24/2026

Third Reading in House of Origin

Yes: 99 • No: 0 • Other: 5

House vote • 2/24/2026

Motion to Adopt - Adopted Roll Call 538

Yes: 104 • No: 0

Actions Timeline

  1. Enacted

    4/15/2026House

  2. Enrolled

    4/8/2026House

  3. Delivered to Governor

    4/8/2026House

  4. Signature Requested

    4/8/2026Senate

  5. Third Reading in Second House

    4/7/2026Senate

  6. Givhan 1st Amendment Offered

    4/7/2026Senate

  7. Givhan motion to Adopt - Adopted Roll Call 1173

    4/7/2026Senate

  8. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 1174

    4/7/2026Senate

  9. Faulkner Motion to Concur In and Adopt Senate Amendment - Adopted Roll Call 1252

    4/7/2026House

  10. Ready to Enroll

    4/7/2026House

  11. Reported Out of Committee Second House

    3/3/2026Senate

  12. Read for the Second Time and placed on the Calendar

    3/3/2026Senate

  13. Engrossed

    2/25/2026House

  14. Read for the first time and referred to the Senate Committee on Judiciary

    2/25/2026Senate

  15. Pending Committee Action in Second House

    2/25/2026Senate

  16. Third Reading in House of Origin

    2/24/2026House

  17. Judiciary Engrossed Substitute Offered

    2/24/2026House

  18. Motion to Adopt - Adopted Roll Call 538

    2/24/2026House

  19. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 539

    2/24/2026House

  20. Read for the Second Time and placed on the Calendar

    2/5/2026House

  21. Reported Out of Committee House of Origin

    2/4/2026House

  22. Read for the first time and referred to the House Committee on Judiciary

    1/15/2026House

  23. Pending Committee Action in House of Origin

    1/15/2026House

Bill Text

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