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AL SB83
Bill
AI Summary
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Revises procedures for removing guardianship and conservatorship cases from probate court to circuit court for proceedings beginning on or after January 1, 2027, expanding the list of parties who may request removal to include guardians, conservators, alleged incapacitated persons, attorneys, agents under power of attorney, facilities, and the Department of Human Resources
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Requires guardians ad litem to complete training approved by the Alabama Probate Judges Association and Alabama Law Institute before appointment, and specifies their duties including meeting with respondents, conducting independent investigations, visiting dwellings, and filing written reports with recommendations
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Mandates courts to appoint a court representative in guardianship or protective proceedings unless the court determines it would not aid the court or would add unnecessary expense; representatives must have training in relevant areas and no personal interest in the case
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Authorizes courts to appoint temporary guardians (lasting up to 60 days, extendable) or emergency guardians (lasting up to 10 days) without prior notice when necessary to prevent substantial harm to an adult's physical health, safety, or welfare, with required follow-up hearings
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Creates parallel provisions for temporary conservators (up to 60 days) and emergency conservators (up to 10 days) to protect an adult's property or financial interests from substantial and irreparable harm, with similar notice and hearing requirements
Legislative Description
Guardianships and conservatorships; notice requirements further provided for, procedures to remove proceeding to circuit court revised, duties of guardian ad litem of a minor further provided for and training required, court representative required to be appointed for allegedly incapacitated adults in certain circumstances, appointment of temporary or emergency guardian or conservator authorized in certain circumstances
Family Law
Last Action
Read for the Second Time and placed on the Calendar
3/5/2026