reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 4 - Notice, Parties, and Representation in Guardianship and Protective Proceedings. › Section 26-2A-50 - Notice; Method and Time of Giving.

Section 26-2A-50
Notice; method and time of giving.
(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 hearing of any petition to be given to the person to be notified or to the attorney if the person has appeared by attorney or requested that notice be sent to an attorney.
(b) Notice must be given:
(1) By mailing a copy of the notice at least 14 days before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified using the post office address given in the request for notice, if any, or to the person's office or place of residence, if known;
(2) By delivering a copy thereof to the person being notified personally at least 14 days before the time set for the hearing; or
(3) If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing, at least once a week for three consecutive weeks, a copy of the notice in a newspaper having general circulation in the county in which the hearing is to be held, the last publication of which is to be at least 10 days before the time set for the hearing.
(c) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(d) Proof of the giving of notice must be made not later than the hearing and filed in the proceeding.
(Acts 1987, No. 87-590, p. 975, §1-401.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 4 - Notice, Parties, and Representation in Guardianship and Protective Proceedings. › Section 26-2A-51 - Notice; Waiver.

Section 26-2A-51
Notice; waiver.
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, §1-402.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 4 - Notice, Parties, and Representation in Guardianship and Protective Proceedings. › Section 26-2A-52 - Guardian Ad Litem.

Section 26-2A-52
Guardian ad litem.
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 be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests.
(Acts 1987, No. 87-590, p. 975, §1-403.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 1 - General Provisions, Definitions and Jurisdiction of Court. › Division 4 - Notice, Parties, and Representation in Guardianship and Protective Proceedings. › Section 26-2A-53 - Request for Notice; Interested Person.

Section 26-2A-53
Request for notice; interested person.
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-130, may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of the request to the guardian and to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to proceedings occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.
(Acts 1987, No. 87-590, p. 975, §1-404.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-70 - Appointment and Status of Guardian of Minor.

Section 26-2A-70
Appointment and status of guardian of minor.
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.
(Acts 1987, No. 87-590, p. 975, §2-101.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-71 - Parental Appointment of Guardian for Minor.

Section 26-2A-71
Parental appointment of guardian for minor.
(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 or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian seasonably files an acceptance in the court in which a nominating instrument is probated, or, in the case of a nontestamentary nominating instrument, in the court at the place where the minor resides or is present. If two or more appointments are made, the latter in time has priority, and if both parents are dead or incapacitated, an effective appointment by the parent, who was eligible to make the appointment and who dies or became incapacitated later in time, has priority.
(c) A parental appointment effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this state.
(d) Upon acceptance of appointment, the guardian shall give written notice as to when the appointment is effective to the minor and to the person having the minor's care or the minor's nearest adult relative.
(Acts 1987, No. 87-590, p. 975, §2-102.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-72 - Objection by Minor of 14 or Older to Parental Appointment.

Section 26-2A-72
Objection by minor of 14 or older to parental appointment.
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 after receiving notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the parental nominee or any other suitable person.
(Acts 1987, No. 87-590, p. 975, §2-103.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-73 - Court Appointment of Guardian of Minor; Conditions for Appointment.

Section 26-2A-73
Court appointment of guardian of minor; conditions for appointment.
(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 when parental rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71 whose appointment has not been prevented or nullified under Section 26-2A-72 has priority over any guardian who may be appointed by the court, but the court may proceed with another appointment upon a finding that the parental nominee has failed to accept the appointment within 30 days after notice of the guardianship proceeding.
(b) If necessary, and on appropriate petition or application, the court may appoint a temporary guardian who shall have the full authority of a general guardian of a minor, but the authority of a temporary guardian may not last longer than six months. The appointment of a temporary guardian for a minor may occur even though the conditions described in subsection (a) have not been established.
(Acts 1987, No. 87-590, p. 975, §2-104; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-74 - Venue.

Section 26-2A-74
Venue.
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.
(Acts 1987, No. 87-590, p. 975, §2-105.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-75 - Procedure for Court-Appointment of Guardian of Minor.

Section 26-2A-75
Procedure for court-appointment of guardian of minor.
(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 manner prescribed by Section 26-2A-50 to:
(1) The minor, if 14 or more years of age and not the petitioner;
(2) Any person alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition; and
(3) Any living parent of the minor.
(c) Upon hearing, if the court finds that a suitable person seeks appointment, venue is proper, the required notices have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and best interest of the minor will be served by the requested appointment, it shall make the appointment and issue letters. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will serve the best interest of the minor.
(d) If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.
(Acts 1987, No. 87-590, p. 975, §2-106.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-76 - Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee.

Section 26-2A-76
Court appointment of guardian of minor; qualifications; priority of 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 best interest of the minor.
(Acts 1987, No. 87-590, p. 975, §2-107.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-77 - Consent to Service by Acceptance of Appointment; Notice.

Section 26-2A-77
Consent to service by acceptance of appointment; notice.
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 delivered or mailed to the guardian at the guardian's address listed in the court records and to the address then known to the petitioner. Letters of guardianship must indicate whether the guardian was appointed by court order or parental appointment.
(Acts 1987, No. 87-590, p. 975, §2-108.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-79 - Termination of Appointment of Guardian; General.

Section 26-2A-79
Termination of appointment of guardian; general.
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 account for funds and assets of the ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court.
(Acts 1987, No. 87-590, p. 975, §2-110.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-80 - Proceedings Subsequent to Appointment; Venue.

Section 26-2A-80
Proceedings subsequent to appointment; venue.
(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 the court at the place where the ward resides is neither the appointing court nor the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate cases shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian must be sent to the appointing court or the court in which acceptance of appointment is filed.
(Acts 1987, No. 87-590, p. 975, §2-111.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 1 - Guardians of Minors. › Section 26-2A-81 - Resignation, Removal, and Other Post-Appointment Proceedings.

Section 26-2A-81
Resignation, removal, and other post-appointment proceedings.
(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 petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given, as prescribed in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
(d) If the court determines at any time in the proceeding that the interest of the ward is or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.
(Acts 1987, No. 87-590, p. 975, §2-112.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-100 - Appointment of Guardian for Incapacitated Person by Will or Other Writing.

Section 26-2A-100
Appointment of guardian for incapacitated person by will or other 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 incapacitated, a parental appointment becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person having the care of the person or to the nearest adult relative residing in this state, the guardian files acceptance of appointment in the court in which the will is probated, or in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority.
(b) The spouse of a married incapacitated person may appoint by will, or other writing signed by the spouse and attested by at least two witnesses or acknowledged, a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the nearest adult relative residing in this state, the guardian files acceptance of appointment in the court in which the will is probated or, in the case of nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. An effective appointment by a spouse has priority over an appointment by a parent.
(c) An appointment effected by filing the guardian's acceptance under a will probated in the state of the decedent's domicile is effective in this state.
(d) Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment or guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under the succeeding sections of this division.
(Acts 1987, No. 87-590, p. 975, §2-201.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-101 - Venue.

Section 26-2A-101
Venue.
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 jurisdiction, venue is also in the county in which that court is located.
(Acts 1987, No. 87-590, p. 975, §2-202.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-103 - Notice in Guardianship Proceeding.

Section 26-2A-103
Notice in guardianship proceeding.
(a) In a proceeding for the appointment of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment of a temporary guardian, notice of hearing must be given to each of the following:
(1) The person alleged to be incapacitated, her or his spouse (if any), and adult children, or if none, parents;
(2) Any person who is serving as guardian, conservator, or who has the care and custody of the person alleged to be incapacitated;
(3) In case no other person is notified under paragraph (1), at least one of the nearest adult relatives residing in this state, if any can be found; and
(4) Any other person as directed by the court.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given to the ward, the guardian, and any other person as ordered by the court.
(c) Notice must be served personally on the alleged incapacitated person. Notices to other persons as required by subsection (a)(1) must be served personally if the person to be notified can be found within the state. In all other cases, required notices must be given as provided in Section 26-2A-50.
(d) The person alleged to be incapacitated may not waive notice.
(Acts 1987, No. 87-590, p. 975, §2-204.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-104 - Who May Be Guardian; Priorities.

Section 26-2A-104
Who may be guardian; priorities.
(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 attorney.
(c) Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person;
(3) A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least two witnesses or acknowledged;
(4) Any relative of the incapacitated person with whom the person has resided for more than six months prior to the filing of the petition; and
(5) A person nominated by the person who is caring for or paying for the care of the incapacitated person.
(d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person may pass over a person having priority and appoint a person having a lower priority or no priority.
(Acts 1987, No. 87-590, p. 975, §2-205.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-104.1 - Corporations as Guardians for Developmentally Disabled.

Section 26-2A-104.1
Corporations as guardians for developmentally disabled.
(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 in Public Law 98-527, the Developmental Disabilities Assistance and Bill of Rights Act (Section 102(7)).
(b) A private non-profit corporation organized under the laws of Alabama and qualified under the Internal Revenue Code as a 501(c)(3) tax exempt corporation as described herein is qualified for designation as guardian for persons with developmental disabilities and who has been determined by the probate court to need some degree of guardianship; provided that those corporations qualifying under this section shall be governed by a board of directors which shall have no fewer than 35 percent of its membership representing parents or siblings of persons with developmental disabilities. Further such corporation shall be established in perpetuity to provide a lifetime of service to those persons placed under their care. In no case shall a corporation appointed under this section engage in providing direct or indirect services to the wards/protective persons under its care or take any other action that could be considered a conflict of interest.
(c) The Alabama Department of Mental Health shall assist the courts in their implementation of this section and shall develop guidelines for the provision of guardianship services by corporations appointed under this section.
(Acts 1991, No. 91-547, p. 1009, §§1-3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-105 - Findings; Order of Appointment.

Section 26-2A-105
Findings; order of appointment.
(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 and adaptive limitations or other conditions warranting the procedure.
(b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person. The court, on appropriate findings, may (i) treat the petition as one for a protective order under Section 26-2A-130 and proceed accordingly, (ii) enter any other appropriate order, or (iii) dismiss the proceedings.
(c) The court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, may limit the powers of a guardian otherwise conferred by this chapter and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of an incapacitated person must be endorsed on the guardian's letters or, in the case of a guardian by parental or spousal appointment, must be reflected in letters issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed or modified and appropriate letters issued.
(Acts 1987, No. 87-590, p. 975, §2-206.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-106 - Acceptance of Appointment; Consent to Jurisdiction.

Section 26-2A-106
Acceptance of appointment; consent to jurisdiction.
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 the court records and at the address as then known to the petitioner.
(Acts 1987, No. 87-590, p. 975, §2-207.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-107 - Emergency Orders; Temporary Guardians.

Section 26-2A-107
Emergency orders; temporary guardians.
(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 temporary guardian whose authority may not extend beyond 30 days and who may exercise those powers granted in the order.
(b) If the appointed guardian is not effectively performing duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may appoint, with or without notice, a temporary guardian for the incapacitated person having the powers of a general guardian for a specified period not to exceed six months. The authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority.
(c) The court may remove a temporary guardian at any time. A temporary guardian shall make any report and comply with any conditions the court imposes or requires. In other respects the provisions of this chapter concerning guardians apply to temporary guardians.
(Acts 1987, No. 87-590, p. 975, §2-208; Act 2015-464, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-108 - General Powers and Duties of Guardian.

Section 26-2A-108
General powers and duties of guardian.
(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 without qualifying the foregoing, a guardian has the same duties, powers, and responsibilities as a guardian for a minor as described in Section 26-2A-78(b), (c), and (d).
(b) Except as provided in Division 2A, in addition to the duties, powers, and responsibilities of a guardian described in subsection (a), a guardian of an incapacitated person has the power to limit or enforce the ward's right to visitation or communication with anyone, including the right to receive visitors, telephone calls, and personal mail.
(Acts 1987, No. 87-590, p. 975, §2-209; Act 2016-404, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-109 - Termination of Guardianship for Incapacitated Person.

Section 26-2A-109
Termination of guardianship for incapacitated person.
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 provided in Section 26-2A-110. Termination does not affect a guardian's liability for prior acts or the obligation to account for funds and assets of the ward.
(Acts 1987, No. 87-590, p. 975, §2-210; Act 2010-500, p. 782, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-110 - Removal or Resignation of Guardian; Termination of Incapacity.

Section 26-2A-110
Removal or resignation of guardian; termination of incapacity.
(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) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.
(c) Upon removal, resignation, or death of the guardian, or if the guardian is determined to be incapacitated, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian, or ordering that a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian.
(Acts 1987, No. 87-590, p. 975, §2-211.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2 - Guardians of Incapacitated Persons. › Section 26-2A-111 - Proceedings Subsequent to Appointment; Venue.

Section 26-2A-111
Proceedings subsequent to appointment; venue.
(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, including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed.
(b) If the court at the place where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced, in all appropriate cases, shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation, removing a guardian, or altering authority must be sent to the court in which acceptance of appointment is filed.
(Acts 1987, No. 87-590, p. 975, §2-212.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2A - Guardians of Incapacitated Persons. › Section 26-2A-112 - Definitions.

Section 26-2A-112
Definitions.
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 meeting or any telephonic mail or electronic communication between a ward and his or her relative.
(3) VISITATION ORDER. An order issued by the court after notice and hearing regarding the visitation with a ward by his or her relative specifying the approval or disapproval of any visitation and the specifics of that visitation including, but not limited to, the time, place, and manner of the visitation.
(4) WARD. An adult who is a ward as defined in Section 26-2A-20.
(Act 2016-404, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2A - Guardians of Incapacitated Persons. › Section 26-2A-113 - Petition to Compel Visitation.

Section 26-2A-113
Petition to compel visitation.
(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 the court, the petition shall be transferred to the circuit court for the sole purpose of a determination of any relief under this division.
(d) The petition shall state all of the following information:
(1) The condition of the ward's physical and mental health, to the extent known by the petitioner.
(2) The efforts to obtain visitation with the ward.
(3) The proposed visitation that is sought.
(4) The deficit or deficits, if any, in the ward's mental functions that are impaired and an identification of a link between the deficit or deficits and the ward's inability to respond knowingly and intelligently to queries about the requested visitation.
(5) The names and addresses, so far as they are known to the petitioner, of the spouse and relatives of the first degree of the ward.
(e) The court shall provide notice not less than 14 days before the hearing in the manner specified in Section 26-2A-103, unless the hearing is an emergency hearing pursuant to subsection (g), in which case, notice shall be given as soon as practicable.
(f) A determination by the court regarding capacity under this section may not be used as evidence of capacity in any other proceeding.
(g) If the petition filed under subsection (a) states that the ward's health is in significant decline or that the ward's death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than 10 days after the date the petition is filed under subsection (a).
(Act 2016-404, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2A - Guardians of Incapacitated Persons. › Section 26-2A-114 - Investigation and Report.

Section 26-2A-114
Investigation and report.
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, neighbors and, if known, close friends of the ward.
(2) Inform the ward of the contents of the petition.
(3) Determine whether the ward has the capacity to consent to the requested visitation.
(4) Determine whether the ward desires the proposed visitation.
(5) Report to the court in writing, at least seven days before the hearing, concerning subdivisions (1) to (4), inclusive.
(6) Mail, at least seven days before the hearing, a copy of the report referred to in subdivision (5) to all of the following:
a. The petitioner or his or her attorney, if any.
b. The guardian ad litem appointed to represent the ward for purposes of the petition for visitation.
c. The guardian.
d. Any other person as the court orders.
(7) The report required by this section is confidential and shall be made available only to the parties, persons described in subdivision (6), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court.
(8) If the court investigator has performed an investigation within the preceding 12 months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(Act 2016-404, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2A - Guardians of Incapacitated Persons. › Section 26-2A-115 - Hearing; Orders.

Section 26-2A-115
Hearing; orders.
(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 knowing and intelligent visitation decision and the ward expresses a desire for visitation with the petitioner, the court shall order visitation.
(c) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision, but does not desire visitation with the petitioner, the court shall not order visitation.
(d) If the court determines that the ward does not have capacity to make a knowing and intelligent visitation decision, the court shall determine whether to order visitation based on the best interest of the ward as determined by the evidence presented to the court.
(e) The court shall order the petitioner to pay the court costs and reasonable fees and expenses of any attorney or court representative appointed under this division.
(Act 2016-404, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2A - Guardians of Incapacitated Persons. › Section 26-2A-116 - Notice Requirements.

Section 26-2A-116
Notice requirements.
(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 facility for acute or chronic care for a period of three days or more.
(3) The ward's residence has changed.
(4) The ward is staying at a location other than the ward's residence for a period that exceeds one calendar week.
(5) In the case of the ward's death, the guardian shall inform relatives of any funeral arrangements and the location of the ward's final resting place.
(b) The court shall relieve a guardian of the duty to provide notice to a relative under this division, if the court finds that:
(1) The relative entitled to notice about the ward has submitted a written request to the guardian electing not to receive notice about a ward's health and residence.
(2) A protective order was issued against the relative to protect the ward.
(3) The court ordered that the relative not be given this information.
(Act 2016-404, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 2A - Guardians of Incapacitated Persons. › Section 26-2A-117 - Jurisdiction of Court.

Section 26-2A-117
Jurisdiction of court.
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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 3 - Protection of Property of Persons Under Disability and Minors. › Section 26-2A-130 - Protective Proceedings.

Section 26-2A-130
Protective proceedings.
(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 in relation to the estate and affairs of a minor if the court determines that a minor owns funds or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for health, support, education, or maintenance and that protection is necessary or desirable to obtain or provide funds.
(c) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (i) the person is unable to manage property and business affairs effectively for such reasons as mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and that (ii) (aa) the person has property that will be wasted or dissipated unless property management is provided, or that (bb) funds are needed for the health, support, education, or maintenance of the person or of those entitled to the person's support and that protection is necessary or desirable to obtain or provide the funds.
(Acts 1987, No. 87-590, p. 975, §2-301.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 3 - Protection of Property of Persons Under Disability and Minors. › Section 26-2A-131 - Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons.

Section 26-2A-131
Protective proceedings; jurisdiction of business affairs of protected persons.
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 a conservator or other protective order until the proceedings are terminated; and
(2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the protected person, the protected person's dependents, or other claimants.
(Acts 1987, No. 87-590, p. 975, §2-302; Act 2010-500, p. 782, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act. › Article 2 - Protection of Persons Under Disability and Their Property. › Division 3 - Protection of Property of Persons Under Disability and Minors. › Section 26-2A-132 - Venue.

Section 26-2A-132
Venue.
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 any place where property of the person is located.
(Acts 1987, No. 87-590, p. 975, §2-203.)