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AL HB603
Bill
Status
4/6/2021
Primary Sponsor
Joe Lovvorn
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AI Summary
HB603 Summary
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Allows removal of guardianship or conservatorship cases from probate court to circuit court under certain circumstances, with provisions for remand back to probate court.
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Limits county conservators to serving as temporary conservators or guardians for no more than 30 days unless the court finds exigent circumstances after a hearing.
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Requires hearings on limited or general guardian appointments to be held within 90 days of petition filing unless all interested parties agree to extend the timeline.
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Prohibits courts from appointing guardians or conservators when a valid durable power of attorney or health care directive exists, unless that person resigns, dies, becomes incapacitated, or refuses to act.
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Prohibits undue influence alone from being grounds for incapacity determination; requires conservators to account annually to the court; prohibits automatic renewal of temporary guardian orders; and prevents alleged incapacitated persons from paying attorney fees and expert witness fees for petitioner's representatives.
Legislative Description
Guardianships and conservatorships, probate court, procedures for appointment and removal of guardians and guardianship matters further provided for, Uniform Guardianship Act amended, Secs. 26-2-2, 26-2-3, 26-2-50, 26-2A-102, 26-2A-103, 26-2A-105, 26-2A-107, 26-2A-133, 26-2A-147, 26-2A-152, 26-5-2 am'd.
Guardians
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
4/6/2021