Alabama legislation · 2026 Regular Session
Alabama HB249: 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
Status: Signed into law, April 15, 2026
What the bill says
An Act, Relating to guardianships and conservatorships; to amend Sections 26-2-2, 26-2-3, 26-2A-20 26-2A-50, 26-2A-52, 26-2A-103, 26-2A-134, and 26-2A-136, Code of Alabama 1975, and to add Sections 26-2A-54, 26-2A-107.1, and 26-2A-136.1 to the Code of Alabama 1975; to further provide procedures and requirements relating to the removal of proceedings involving guardianships or conservatorships from probate court to the circuit court; to further provide for notice requirements for petitions involving a guardianship, conservatorship, or protective proceeding…
From the enrolled text:
An Act, Relating to guardianships and conservatorships; to amend Sections 26-2-2, 26-2-3, 26-2A-20 26-2A-50, 26-2A-52, 26-2A-103, 26-2A-134, and 26-2A-136, Code of Alabama 1975, and to add Sections 26-2A-54, 26-2A-107.1, and 26-2A-136.1 to the Code of Alabama 1975; to further provide procedures and requirements relating to the removal of proceedings involving guardianships or conservatorships from probate court to the circuit court; to further provide for notice requirements for petitions involving a guardianship, conservatorship, or protective proceeding; to require guardians ad litem to undergo training before appointment in a case involving a guardianship, conservatorship, or protective proceeding; to specify the duties of such a guardian ad litem; to require the court to appoint a court representative in proceedings involving a guardianship or protective order, with exceptions; to provide for the duties and responsibilities of a court representative; to provide for the appointment of temporary or emergency guardians in certain circumstances to prevent harm to an adult's physical health, safety, or welfare; to provide for the appointment of temporary or emergency conservators or other temporary or emergency relief in certain circumstances to prevent harm to an adult's property or financial interests; to allow the court to penalize attorneys or parties who improperly petition for temporary or emergency guardians or conservators; to revise the authority of a court to preserve and apply the property …