Title 26 — Title 26

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. History: (Act 2011-683, §1.)

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of…

This chapter applies to all powers of attorney executed on or after January 1, 2012. History: (Act 2011-683, p. 2015, §1.)

(a) This section applies to a power of attorney for health care decisions executed on or after January 1, 2012. (b) A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains …

This act shall be known and may be cited as the Colby Act. History: (Act 2023-134, §1.)

(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 assistan…

(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. History: (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 wil…

Application of Provisions to Partially Disabled Persons. Repealed by Acts 1987, No. 87-590, p. 975, §2-333(a), effective January 1, 1988.

Court. (Amended by 2026-488) [Effective until January 1, 2027.] 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 probat…

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. History: (Code 1852, §2017; Code 1867, §2416; Code 1876, §2767; Code …

2026-488) [Effective until January 1, 2027.] 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 o…

Person Alleged to Be Incapacitated. The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for the trial thereof and also issue subpoenas for witnesses, as the parties may require, returnable to…

Vacancies on Jury. (a) At the time set for the trial, if good cause be not shown for continuance, the jury must be impaneled and sworn well and truly to make inquisition of the facts alleged in the petition, and render a true verdict according to the evidence. (b) If any of the j…

Appointment of Conservator by Court Upon Rendition of Verdict of Jury. If the jury find by their verdict that the facts alleged in the petition are true and that such person is incapacitated, the court shall enter a decree accordingly, and must cause the petition and all the proc…

Hospital or Asylum. If the person alleged to be of unsound mind is a resident of the county and is at the time of the application confined in a hospital or asylum within or without the state, inquisition may be had and taken without notice to him or her , but, on the filing of th…

Property Within State - Authorization. The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be wit…

Property Within State - Procedure. The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name, sex, age, and residence of such person, the court by which he or she was declared incapacitated and t…

The general conservator of the county must be appointed conservator of an incapacitated person if no other suitable person applies for appointment and qualifies and if there be no general conservator, the sheriff must be appointed. History: (Code 1852, §2017; Code 1867, §§2416, 2…

Person Ascertained to Be Incapacitated - Contents of Application, Etc. At any time after the inquisition, the person ascertained to be incapacitated, by himself or herself or by next friend, may apply in writing to the court of probate for a revocation of the proceedings against …

Person Ascertained to Be Incapacitated - Appointment of Date for Hearing on Application; Notice to Guardian or Conservator, Etc. On the filing of such application, the court must appoint a day for the hearing thereof, not more than 10 days thereafter, and the guardian or conserva…

Person Ascertained to Be Incapacitated - Conduct of Hearing or Trial Upon Contested Application; Entry of Decree Revoking Guardianship or Conservatorship, Etc., Where Application Not Contested. If the guardian or conservator or the person at whose instance the inquisition was had…

Person Ascertained to Be Incapacitated - Entry of Decree or Judgment as to Contested Application Upon Rendition of Verdict of Jury. If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree revoking the proceedin…

Guardian or Conservator. If, at any time after his or her appointment, the guardian or conservator becomes satisfied that the incapacity of the ward has terminated, and is capable of managing his or her estate and the judge of probate is of the opinion, from the proof and the fac…

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

Writing. (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 inc…

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…

[Effective until January 1, 2027.] 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 cou…

(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…