SB374 Alabama 2016 Session

Updated Feb 24, 2026

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, Secs. 26-2A-112 to 26-2A-117, inclusive, added; Sec. 26-2A-108 am'd.
Summary: SB374 creates a formal process for isolated relatives to seek visitation with a ward under guardianship and requires guardians to notify relatives about key events.
What This Bill Does
It establishes a new Division 2A that lets a relative petition the probate court for reasonable visitation with an incapacitated ward and allows the court to grant visitation after a hearing. It clarifies that guardians may limit or enforce visitation under the new division, while also requiring guardians to notify relatives when the ward dies or is admitted to medical care for 3 days or more. It details the petition process, notice requirements, capacity determinations, and how visitation decisions are made, including a best-interest standard if the ward lacks capacity, and it assigns court costs to the petitioner.

Who It Affects
Relatives (such as siblings, children, parents, grandparents, or their equivalents by adoption or marriage) who have been isolated from a ward and may seek court-ordered visitation.
Guardians of incapacitated persons, who must manage visitation, provide notice to relatives about key events, and carry out court-ordered visitation decisions.

Key Provisions
Creates Division 2A with definitions for relative, visitation, visitation order, and ward.
Allows a relative to file a petition in the ward's guardianship court to compel visitation; petition can be transferred to circuit court for relief.
Petition must include ward's health status, visitation efforts, proposed visitation, any cognitive deficits, and names/addresses of the ward's first-degree relatives.
Requires at least 14 days' notice before hearings (with an emergency hearing possible in certain cases) and outlines capacity findings and reporting requirements.
If the ward has capacity and desires visitation, the court must order visitation; if the ward lacks capacity, decisions are based on the ward's best interests;
Guardian duties include informing relatives of the ward's death or admission to medical care for 3+ days, changes of residence, and certain funeral details; provisions for relieving the guardian of notice duties exist.
Court may order costs and fees to be paid by the petitioner; the act provides the court ongoing authority to revoke or modify orders.
Effective date: January 1, 2017.

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