Title 26 — Title 26

If a conservator has not been appointed in this state and no petition in a protective proceeding is pending in this state, a conservator appointed in the state in which the protected person resides may file in a court of this state in a [county] in which property belonging to the…

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this chapter are to: (1) Simplify and clarify the law concerning the affairs of minors, missing or disappeared persons, protected…

2027.] AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE. 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 a protected person, incl…

Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. History: (Acts 1987, No. 87-590, p. 975, §1-103.)

Except as otherwise provided in this chapter, it applies to: (1) Affairs and estates of disappeared persons, and persons to be protected, domiciled in this state; (2) Property located in this state of nondomiciliaries who are disappeared persons or persons to be protected, or pro…

(a) To the full extent permitted by the constitution and as permitted under Article 2 of Chapter 2B of this title, the court has jurisdiction over all subject matter relating to estates of protected persons and protection of minors and incapacitated persons. (b) The court has ful…

(a) If a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, or ward are commenced in more…

Unless specifically provided to the contrary in this chapter or inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern proceedings under this chapter. History: (Acts 1987, No. 87-590, p. 975, §1…

The clerk of court shall keep a record for each ward or protected person involved in any document that may be filed with the court under this chapter, including petitions, requests, and any orders or responses by the court relating thereto, and establish and maintain a system for…

(a) Except for proceedings in a court having general equity jurisdiction, a party is entitled to a trial by a jury of six disinterested persons in any proceeding to determine the incapacity of the individual and in other proceedings as to which a party has a constitutional right …

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by Title 12, Chapter 22, and the Alabama…

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provision…

This chapter is a general act intended as a unified coverage of its subject matter and no subsequent legislation shall be construed to repeal by implication any part of this chapter if that construction reasonably can be avoided. History: (Acts 1987, No. 87-590, p. 975, §1-105.)

(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 pe…

A person, including a guardian, guardian ad litem, conservator, or other fiduciary, may waive notice by a signed writing. A person for whom a guardianship or other protective order is sought, a ward, or a protected person may not waive notice. History: (Acts 1987, No. 87-590, p. …

2027.] AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE. At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor or other person if the court determines that representation of the interest otherwis…

Upon payment of any required fee, an interested person who desires to be notified before any order is made in a guardianship proceeding, including any proceeding subsequent to the appointment of a guardian under Section 26-2A-111, or in a protective proceeding under Section 26-2A…

(a) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts as provided in this subsection, by paying or delivering the money or personal property to: (1) Any person having the care and custody of the minor and with whom th…

(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education, or maintenance of the person or property…

A person may become a guardian of a minor by parental appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor ward. History: (Acts 1987, No. 87-590, p. 975, §2-101.…

(a) The parent of an unmarried minor may appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged. (b) Subject to the right of the minor under Section 26-2A-72, if both parents are dead or incapacitated…

A minor 14 or more years of age who is the subject of a parental appointment may prevent the appointment or cause it to terminate by filing in the court in which the nominating instrument is filed a written objection to the appointment before it is accepted or within 30 days afte…

(a) The court may appoint a guardian for an unmarried minor if all parental rights have been terminated or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian has been appointed under Section 26-18-8, or otherwise by the juvenile court whe…

The venue for guardianship proceedings for a minor pursuant to Section 26-2A-73 is in the court at the place where the minor resides or is present at the time the proceedings are commenced. History: (Acts 1987, No. 87-590, p. 975, §2-105.)

(a) A minor or any person interested in the welfare of the minor may petition for appointment of a guardian. (b) After the filing of a petition, the court shall set a date for hearing, and the petitioner shall give notice of the time and place of hearing the petition in the manne…

Minor’s Nominee. The court may appoint as guardian any person whose appointment would be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor is 14 or more years of age, unless the court finds the appointment contrary to the bes…

By accepting a parental or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. The petitioner shall cause notice of any proceeding to be deliv…

(a) A guardian of a minor ward has the powers and responsibilities of a parent regarding the ward’s health, support, education, or maintenance, but a guardian is not personally liable for the ward’s expenses and is not liable to third persons by reason of the relationship for act…

A guardian’s authority and responsibility terminate upon the death, resignation, or removal of the guardian or upon the minor’s death, adoption, marriage, or attainment of majority, but termination does not affect the guardian’s liability for prior acts or the obligation to accou…

Guardianships created prior to January 1, 1988, and continuing in effect on January 1, 1988, are not terminated, even though the statute under which the appointment was made may be repealed by this chapter. Those guardianships continue in effect as they existed prior to this chap…

(a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship. (b) If th…

(a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may …

Become Conservators on January 1, 1997. (a) A curator appointed pursuant to Chapter 7A of this title prior to August 7, 1995, and continuing in effect on August 7, 1995, is not terminated, although the statute under which the appointment was made is repealed by Act 95-751. The cu…