AL HB249

Proceedings commenced on or after January 1, 2027 may be removed from probate court to circuit court by guardians, conservators, the respondent, guardian ad litem, Department of Human Resources, spouses, or facilities where the respondent resides, among others.

Guardians ad litem must complete training approved by the Alabama Probate Judges Association and Alabama Law Institute before appointment, and their duties include meeting with the respondent, conducting independent investigations, visiting the respondent's dwelling, and advocating for the least restrictive outcome.

Courts must appoint a court representative (trained in law, nursing, or social work with no personal interest in the case) in guardianship or protective proceedings unless the court determines it would not aid the court or would add unnecessary expense.

Temporary guardians or conservators may be appointed for up to 60 days (extendable in 60-day increments) to prevent substantial harm to an adult's health, safety, welfare, or financial interests; emergency guardians or conservators may be appointed without prior notice for up to 10 days if immediate harm is threatened.

Notice of hearings must be served personally on respondents at least 10 days before the hearing, and the act repeals Section 26-2A-107 (prior emergency guardian provisions), with an effective date of January 1, 2027.