Title 26

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. (Acts 1987, No. 87-590, p. 975, §1-304.)

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. (Acts 1987, No. 87-590, p. 975, §1-105.)

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE. (a) If notice of a hearing on any petition is required, other than a notice meeting specific notice requirements otherwise provided, the petitioner shall cause notice of the time and place of hearin…

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. (Acts 1987, No. 87-590, p. 975, §1-4…

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 otherwise would…

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) 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 appoi…

(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: (b) This section does not apply if the person making payment or delivery…

(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…

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) 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 curator shall continue in effect as the cu…

(a) The parent of an unmarried incapacitated person may appoint by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged, a guardian of the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitate…

The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present at the time the proceedings are commenced. If the incapacitated person is admitted to an institution pursuant to order of a court of competent j…

(a) Except as provided by subsection (e), an incapacitated person or any person interested in the welfare of the incapacitated person may petition for appointment of a limited or general guardian. (b) After the filing of a petition, the court shall set a date for hearing on the i…

(a) Except as provided in Section 26-2A-107.1, in a proceeding for the appointment of a guardian of an incapacitated person, notice of hearing shall be given to each of the following: (1) The respondent, the respondent’s spouse, if any, and adult children, or if none, parents. (2…

(a) Any qualified person may be appointed guardian of an incapacitated person. (b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination in a durable power of…

(a) The term “developmentally disabled” means a person whose impairment of general intellectual functioning or adaptive behavior which is manifested before the person attains the age of 22 and results in intellectual disability, cerebral palsy, epilepsy or autism and as defined i…

(a) The court shall exercise the authority conferred in this division so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person’s mental…

By accepting appointment, 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. Notice of any proceeding must be delivered or mailed to the guardian at the address listed in t…

THIS SECTION WAS REPEALED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. (a) If an incapacitated person has no guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, on appropriate petition the court, without notice, may appoint a t…

(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, including, but not limited to, a hospital as defined in Section 22-21-20, the court may appoint a temporary guardian or emergency…

(a) Except as limited pursuant to Section 26-2A-105(c), a guardian of an incapacitated person is responsible for health, support, education, or maintenance of the ward, but is not liable to third persons by reason of that responsibility for acts of the ward. In particular and wit…

The authority and responsibility of a guardian of an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, upon transfer to another state as provided in Section 26-2B-301, or upon removal or resignation as provide…

(a) On petition of the ward or any person interested in the ward’s welfare, or on its own motion, the court, after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition of the guardian, the court, after hearing, may accept a resignation. (b) …

(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 or spousal appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship…

For the purposes of this division, the following terms have the following meanings: (1) RELATIVE. A sibling, child, parent, grandparent, or grandchild of a ward or a person who shares this same relationship through adoption or a spouse of the ward. (2) VISITATION. Any in-person m…

(a) A relative may file a petition with the court to compel visitation with a ward from whom he or she has been isolated. (b) The petition shall be filed in the court having jurisdiction over the guardianship of the ward. (c) On motion of either the petitioner or the guardian or …

Before ruling on the petition, the court may order the Department of Human Resources or the court representative to do any or all of the following: (1) Conduct interviews with the following: a. The ward b. All petitioners. c. The relatives of the ward. d. To the extent practical,…

(a) In ruling on the petition, the court shall conduct a hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent visitation decision based on evidence presented. (b) If the court determines that the ward has sufficient capacity to make a kn…

(a) Except as provided under subsection (b), provided the relative has supplied the guardian with his or her current contact information, the guardian shall as soon as practicable inform relatives of any of the following: (1) The ward dies. (2) The ward is admitted to a medical f…

The court has continuing jurisdiction to revoke or modify an order made pursuant to this division upon a petition filed, noticed, and heard in the same manner as the original petition was filed. (Act 2016-404, §2.)

(a) Upon petition and after notice and hearing in accordance with the provisions of this division, the court may appoint a conservator or make any other protective order for cause as provided in this section. (b) Appointment of a conservator or other protective order may be made …

Subject to Section 26-2A-31, after the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) Exclusive jurisdiction to determine the need for …

Venue for proceedings under this division is: (1) In the court at the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or (2) If the person to be protected does not reside in this state, in the court at an…

(a) The person to be protected or any person who is interested in the estate, affairs, or welfare of the person, including a parent, child, guardian, custodian, or any person who would be adversely affected by lack of effective management of the person’s property and business aff…

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE. (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 the person to be protected has disappeared …

(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing. If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it …

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE. (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 …

(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, including, but not limited to, a hospital as defined in Section 22-21-20, the court may appoint a temporary c…