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 1 Short Title, Construction, General Provisions.
• Section 26-2A-1 Short title
  This chapter may be cited as the Alabama Uniform Guardianship and Protective Proceedings Act.
• Section 26-2A-2 Rule of construction; purposes
  (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...
• Section 26-2A-3 Supplementary general principles of law applicable
  Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
• Section 26-2A-4 Severability
  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...
• Section 26-2A-5 Construction against implied repeal
  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...
• Section 26-2A-6 Facility of payment or delivery; notice of payment
  (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...
• Section 26-2A-7 Delegation of powers by parent or guardian; parental authority
  (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...
• Section 26-2A-8 Application to existing relationships
  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...
• Section 26-2A-9 Preservation of powers and duties of existing curators; curators 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...
• Division 2 Definitions.
• Section 26-2A-20 General definitions
  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...
• Division 3 Scope, Jurisdiction, and Courts.
• Section 26-2A-30 Territorial application
  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...
• Section 26-2A-32 Venue; multiple proceedings; transfer
  (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...
• Section 26-2A-31 Subject matter jurisdiction
  (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...
• Section 26-2A-33 Practice in court
  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...
• Section 26-2A-34 Records and certified copies
  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...
• Section 26-2A-35 Jury trial
  (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...
• Section 26-2A-36 Appeals
  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,...
• Division 4 Notice, Parties, and Representation in Guardianship and Protective Proceedings.
• 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...
• 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...
• 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...
• 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...
• 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
  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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• Section 26-2A-78 Powers and duties of guardian of minor
  (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...
• 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...
• 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...
• 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...
• Division 2 Guardians of Incapacitated Persons.
• 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...
• 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...
• Section 26-2A-102 Court appointment of guardian for incapacitated person
  (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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• Division 2A Guardians of Incapacitated Persons.
• 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...
• 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)...
• 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...
• 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...
• 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...
• 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...
• Division 3 Protection of Property of Persons Under Disability and Minors.
• 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...
• 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...
• 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...
• Section 26-2A-133 Original petition for appointment or protective order
  (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,...
• Section 26-2A-134 Notice
  (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...
• Section 26-2A-135 Procedure concerning hearing and order on original petition
  (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...
• Section 26-2A-136 Permissible court orders
  (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...
• Section 26-2A-137 Protective arrangements and single transactions authorized
  (a) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in...
• Section 26-2A-138 Who may be appointed conservator; priorities
  (a) The court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected...
• Section 26-2A-139 Bond
  (a) The court must require a conservator to furnish a bond payable to the judge of probate conditioned upon faithful discharge of all duties of...
• Section 26-2A-140 Terms and requirements of bonds
  (a) The following requirements and provisions apply to any bond required under Section 26-2A-139. (1) Sureties are jointly and severally liable with the conservator and...
• Section 26-2A-141 Effect of acceptance of appointment
  By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate which may be instituted by...
• Section 26-2A-142 Compensation; reimbursement; court costs
  (a) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician, conservator, or special conservator appointed in a protective proceeding and any...
• Section 26-2A-143 Death, resignation, or removal of conservator
  The court, on petition or on its own motion, may remove a conservator for good cause, upon notice and hearing, or accept the resignation of...
• Section 26-2A-144 Petitions for orders subsequent to appointment
  (a) Any person interested in the welfare of a person for whom a conservator has been appointed, any person interested in the proper administration of...
• Section 26-2A-145 Conservator's standard of care and performance
  A conservator, in relation to powers conferred by this division, or implicit in the title acquired by virtue of the proceeding, shall observe the standards...
• Section 26-2A-146 Inventory and records
  (a) Within 90 days after appointment, each conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the...
• Section 26-2A-147 Accounts
  Each conservator shall account to the court for administration of the conservatorship upon resignation or removal and at other times as the court may direct,...
• Section 26-2A-148 Conservators; title by appointment
  (a) The appointment of a conservator vests in the conservator title as trustee to all property, or to the part thereof specified in the order,...
• Section 26-2A-149 Recording of conservator's letters
  (a) Except for property unaffected by the appointment of a conservator specified in Section 26-2A-148(a), letters of conservatorship are evidence of transfer of all assets,...
• Section 26-2A-150 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions
  Any sale or encumbrance to or purchase from a conservator, the spouse, agent, attorney of a conservator, any person related to the conservator by blood...
• Section 26-2A-151 Persons dealing with conservators; protection
  (a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court...
• Section 26-2A-152 Powers of conservator in administration
  (a) Subject to limitation provided in Section 26-2A-154, a conservator shall have all of the powers conferred in this section and any additional powers now...
• Section 26-2A-153 Distributive duties and powers of conservator
  (a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the health, support, education, or maintenance...
• Section 26-2A-154 Enlargement or limitation of powers of conservator
  Subject to the restrictions in Section 26-2A-136(c), a court having equity jurisdiction may confer on a conservator at the time of appointment or later, in...
• Section 26-2A-155 Preservation of estate plan; right to examine
  In (i) investing the estate, (ii) selecting assets of the estate for distribution under subsections (a) and (b) of Section 26-2A-153, and (iii) utilizing powers...
• Section 26-2A-156 Claims against protected person; enforcement
  (a) A conservator may pay or secure from the estate claims against the estate or against the protected person arising before or after the conservatorship...
• Section 26-2A-157 Personal liability of conservator
  (a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in fiduciary capacity in the course...
• Section 26-2A-158 Termination of proceedings
  (a) The protected person, conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled...
• Section 26-2A-159 Payment of debt and delivery of property to foreign conservator without local proceedings
  (a) Any person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action...
• Section 26-2A-160 Foreign conservator; proof of authority; bond; powers
  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...

Last modified: May 3, 2021