Title 26

(a) The meaning and effect of a supported decision-making agreement is determined by the law of the jurisdiction in which the supported decision-making agreement was executed, unless the supported decision-making agreement provides otherwise. (b) A person who receives a copy of a…

For the purposes of this chapter, the following terms have the following meanings: (1) SUPPORTED DECISION-MAKING. The process of supporting and accommodating an adult in the decision-making process without impeding the self-determination of the adult. This term includes assistanc…

(a) An adult may not enter into a supported decision-making agreement as an alternative to guardianship or conservatorship unless the adult meets both of the following conditions: (1) The adult enters into the agreement voluntarily and without coercion or undue influence. (2) The…

A document substantially in the following format may be used to create a supported decision-making agreement that has the meaning and effect prescribed by this chapter. This document IS ___________ / IS NOT _____________ (check one) legally binding. Only a person with the legal r…

(a) A supporter shall do all of the following: (1) Support the will and preference of the adult and not the supporter’s opinion of the adult’s best interest. (2) Act honestly, diligently, and in good faith. (3) Act within the scope set forth in the adult’s supported decision-maki…

(a) A supported decision-making agreement shall meet all of the following requirements: (1) Name at least one supporter. (2) Describe the decision-making assistance that each supporter may provide to the adult and how supporters may work together. (3) If the adult is subject to a…

(a) An adult may revoke a supported decision-making agreement at any time. A revocation under this section shall be in writing, and a copy of the revocation shall be provided to each supporter. (b) Except as provided in the supported decision-making agreement, a supported decisio…

A supported decision-making agreement that complies with Section 26-1B-4 is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision-making agreement was not validly executed. (Act 2023-134, §8.)

(a) A person who in good faith relies on an authorization in a supported decision-making agreement is not subject to discipline for unprofessional conduct. (b) This section does not apply to a person whose act or omission amounts to fraud, misrepresentation, recklessness, or will…

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

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE. (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 incapacitated person may be remo…

This chapter may be cited as the Alabama Uniform Guardianship and Protective Proceedings Act. (Acts 1987, No. 87-590, p. 975, §1-101.)

(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…

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, includes li…

Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. (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. (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…

This chapter may be cited as the Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (Act 2010-500, p. 782, §1.)

In this chapter, the following terms shall have the following meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of another state. (2) CONSERVATOR. A per…

(a) A court of this state, by written order, may treat a foreign country as if it were a state of the United States for the purpose of applying this article and Articles 2, 3, and 5. (b) Except as otherwise provided in subsection (c), a guardianship or conservatorship determinati…

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. (b) If the parties are not allowed to participate in the communication, the court shall…

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state to produce evidence or give testimony pursuant to p…

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…

The judge of probate may appoint a general conservator for the county who must be appointed and act as a conservator when no other fit person applies for appointment and qualifies. The term of office of such general conservator shall continue during the term of the judge by whom …

If no fit person is appointed and qualifies as guardian of a minor and there be no general guardian for the county, the sheriff must be appointed guardian and the guardianship attaches to the office of sheriff. (Code 1852, §2017; Code 1867, §2416; Code 1876, §2767; Code 1886, §23…

(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…