Court Representative. (Effective January 1, 2027)

Ala. Code § 26-2A-54, under Notice, Parties, and Representation in Guardianship and Protective Proceedings.

Ala. Code § 26-2A-54

(a) In any proceeding under this chapter, 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: 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. (Act 2026-488, §2.)