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AL HB114
Bill
Status
4/14/2010
Primary Sponsor
Tammy Irons
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AI Summary
HB114 Summary
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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.
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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.
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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.
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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.
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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