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AL HB114

Bill

Status

Passed

4/14/2010

Primary Sponsor

Tammy Irons

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Origin

House of Representatives

Regular Session 2010

AI Summary

HB114 Summary

  • Adopts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act by adding Chapter 2B to Title 26 of the Alabama Code, establishing jurisdictional standards for guardianship and conservatorship proceedings involving adults across state lines.

  • Establishes jurisdiction based on the respondent's "home state" (at least 6 consecutive months residency) or "significant-connection state" with substantial evidence available, with emergency jurisdiction available for up to 90 days when a respondent is physically present in Alabama.

  • Provides procedures for transferring guardianships and conservatorships between states, including provisional and final orders, with requirements that the court ensure the transfer is in the incapacitated or protected person's best interests.

  • Allows courts to recognize and enforce guardianship and conservatorship orders from other states by recording them as foreign judgments, granting the guardian or conservator power to exercise all related powers in Alabama.

  • Effective date: January 1, 2011.

Legislative Description

Guardianships and conservatorships, adults, jurisdiction, transfer of proceedings to another state, enforcement of guardianship and protective orders from other states, Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, Secs. 26-2B-101 to 26-2B-106, 26-2B-201 to 26-2B-210, 26-2B-301, 26-2B-302, 26-2B-401 to 26-2B-403, 26-2B-501 to 26-2B-503 added; Secs. 26-2A-31, 26-2A-109, 26-2A-131 am'd.

Guardians

Last Action

Delivered to Governor at 5:06 p.m. on April 14, 2010.

4/14/2010

Committee Referrals

Judiciary2/2/2010
Judiciary1/12/2010

Full Bill Text

No bill text available