SB167 Alabama 2016 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

Democrat

Session

Regular Session 2016

Title

Dependent children, guardianship or conservatorship of, visitation action by isolated family members, procedure

Summary

SB167 would create a formal process for an isolated conservatee's adult child or first-degree relative to petition for visitation, and limit a conservator's ability to block visits without court approval.

What This Bill Does

It defines key terms (adult child, conservatee, first-degree relative, visitation). It allows an adult child or first-degree relative who has been isolated to petition for court-ordered visitation with the conservatee. The court must hold a hearing within 60 days (10 days in emergency cases) and decide whether the conservatee has capacity to decide about visitation; if capacity and the conservatee desires visitation, visitation can be granted as reasonable and in the conservatee's best interests. If the conservatee lacks capacity, the court will consider factors to determine what the conservatee would want. Conservators, spouses, or guardians cannot reflexively block visitation for adult children or first-degree relatives unless a court order says otherwise, and there are required notices and potential oversight by the Department of Human Resources.

Who It Affects

• Adult children and first-degree relatives of conservatees who have been isolated from the conservatee; they gain a formal pathway to petition for court-ordered visitation and may be granted reasonable visitation.
• Conservatees and their spouses, conservators, or guardians; their authority to refuse visits is limited, and they must follow court decisions and notice requirements regarding visitation and health events.

Key Provisions

• Defines terms: adult child, conservatee, relative of a first degree, visitation, and visitation order.
• Allows an adult child or first-degree relative to file a petition to compel visitation with an isolated conservatee; hearings must be held within 60 days (10-day emergency hearing if health decline or imminent death).
• Courts determine the conservatee's capacity to make a knowing and intelligent visitation decision; if capacity is present and the conservatee desires visitation, visitation is granted; if capacity is lacking, the court assesses whether the conservatee would want visitation using specified factors (relationship history, statements by the conservatee, powers of attorney or estate documents, reports from DHR or guardian ad litem, physician statements).
• If visitation is granted, it must be reasonable and in the conservatee's best interests; if the conservatee expresses no desire for visitation, visitation is not granted.
• Conservators, spouses, or guardians may not unreasonably block visitation from adult children or first-degree relatives unless a court order says otherwise; the act also requires notice to relatives when the conservatee dies or is admitted to a medical facility for 3 or more days, and to inform about changes in residence or other substantial events.
• The court may require investigations or reports from the Department of Human Resources and other parties, maintain confidentiality of reports, and assign reasonable attorney fees to petitioners; petitions are filed in the circuit court of the conservatee's residence or temporary residence, and the act becomes effective after a specified time following passage and approval.

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