SB118 Alabama 2010 Session

Summary

Primary Sponsor

T.D. “Ted” Little

Democrat

Co-Sponsor

Arthur Orr

Session

Regular Session 2010

Title

Guardianships and conservatorships, jurisdiction, transfer of proceedings to another state, enforcement of guardianship and protective orders from other states, Uniform 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.

Summary

SB118 adopts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act to coordinate cross-state guardianship and protective orders for adults, outlining which court has authority, how cases can be transferred, and how orders from other states are recognized and enforced.

What This Bill Does

The bill creates a new chapter (26-2B) that defines key terms and sets rules for when Alabama courts can appoint guardians or conservators for adults. It establishes how guardianship and conservatorship proceedings can be transferred to another state, and how Alabama should recognize and enforce out-of-state orders. It also provides for court cooperation and communication across state lines, allows for emergency and special jurisdiction in certain situations, and outlines procedures for recording and accepting orders from other states; the act adds cross-border testimony, evidence sharing, and information submission to support jurisdiction decisions.

Who It Affects

• Incapacitated or protected adults who may require guardianship or protective orders, particularly when a guardian or the relevant proceedings are in another state; their rights and protections would be shaped by cross-state jurisdiction and transfer rules.
• Guardians, conservators, and their lawyers or guardians ad litem, who would navigate new procedures for jurisdiction, transfer of proceedings, cooperation between courts, and enforcement of foreign orders.

Key Provisions

• Creates Chapter 26-2B (Alabama Uniform Guardianship and Protective Proceedings Jurisdiction Act) with definitions for adult, guardian, conservator, guardian/protective proceeding, etc.
• Establishes exclusive basis and continuing jurisdiction for Alabama courts to appoint guardians or issue protective orders for adults and details when Alabama is the appropriate forum.
• Provides procedures to transfer a guardianship or conservatorship proceeding from Alabama to another state and to transfer in the opposite direction, including provisional orders and final orders of transfer.
• Requires recognition and enforcement of guardianship and protective orders from other states, including record-keeping and procedures for recording orders as foreign judgments in Alabama.
• Outlines cooperation and communication between Alabama courts and courts in other states, including hearings, production of evidence, and exchange of records and transcripts.
• Allows emergency guardianships (up to 90 days) and special jurisdiction to issue protective orders or guardianship actions when Alabama lacks normal jurisdiction, plus conditions for dismissal or transfer.
• Authorizes recording of out-of-state orders when appropriate and permits enforcement relief in Alabama to support recorded orders.
• Requires information to be submitted to the court (addresses, residences, prior proceedings, and related persons) and maintains ongoing duties to inform the court of related proceedings.
• Affects amendments to existing Alabama guardianship statutes (26-2A-31, -109, -131) to reference the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, and clarifies relationship with existing equity jurisdiction.
• Effective date: January 1, 2011.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Guardians