HB99 Alabama 2016 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2016

Title

Dependent children, guardianship or conservatorship of, visitation action by isolated family members, procedure, Secs. 26-2A-112 to 26-2A-117, inclusive, added; Sec. 26-2A-108 am'd.

Summary

HB99 lets adult children and certain relatives petition for visitation with isolated conservatees and limits a conservator's power to block such visitation, with court oversight.

What This Bill Does

It clarifies that a spouse, conservator, or guardian cannot automatically refuse visitation from an adult child or first-degree relative unless a court says so. It creates a court process for adult children or first-degree relatives to seek reasonable visitation with a conservatee who has been isolated, and the court can grant visitation if appropriate. It requires notifying the conservatee's spouse and first-degree relatives when the conservatee dies or is hospitalized for 3 or more days, and it outlines steps for hearings, capacity checks, and considering the conservatee's best interests, with possible involvement of the Department of Human Resources and other officials.

Who It Affects

• Adult children (18+) and relatives of a first degree who want visitation with a conservatee and may file a petition to establish visitation rights.
• Conservatees (dependent adults) whose capacity and desires are evaluated to determine visitation.
• Conservators or guardians, who must adhere to court orders about visitation and inform relatives of certain events.
• Spouses of conservatees, who may be involved as co-decision makers and must be notified of visitation petitions and events.
• Department of Human Resources (DHR), which may be ordered to conduct interviews and provide reports in the process.
• Attorneys for the petitioner or conservatee, who may be involved in hearings and may have fees awarded.

Key Provisions

• Defines key terms: adult child, conservatee, relative of a first degree, visitation, and visitation order.
• Authores a petition process for an adult child or first-degree relative to obtain court-ordered visitation with an isolated conservatee.
• Requires a hearing within 60 days of petition filing; emergency hearing within 10 days if the conservatee's health is declining or death is imminent.
• The court must determine the conservatee's capacity to make a knowing and intelligent visitation decision; visitation is granted if capacity and desire exist.
• If the conservatee lacks capacity, the court will consider factors to decide whether the conservatee would want visitation (relationship history, expressed desires, power of attorney documents, DHR/gardian reports, physician input, etc.).
• If the conservatee would want visitation, the court may grant reasonable visitation; if the conservatee does not want visitation, it will not be granted.
• If capacity is established, the court's visitation ruling is based on the conservatee's expressed desire and best interests; capacity determinations are not admissible in other proceedings.
• Petitioners may be required to pay reasonable fees and expenses for any attorney appointed under this act.
• The conservator must inform the conservatee's spouse and first-degree relatives about certain events (death, three-day or longer hospital stay, residence changes) and provide notices of hearings.
• DHR may be ordered to conduct investigations and report to the court, with confidential reports shared only with the parties and court.
• The court has continuing jurisdiction to modify or revoke orders under this act, using the same petition process as the original filing.
• The act becomes law on the first day of the third month after it is signed into law.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law