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HB350 Alabama 2021 Session

Updated Feb 22, 2026

Summary

Session
Regular Session 2021
Title
Sheriffs, not required to be conservators, Sec. 26-2-27 repealed; Secs. 26-2-50, 26-2A-138 am'd.
Summary

HB350 would change how guardians or conservators are chosen, removing the automatic sheriff role and repealing sheriff guardianship for minors.

What This Bill Does

It changes the rule so the sheriff is not automatically appointed as guardian or conservator when no other suitable person applies. Instead, appointments follow a defined priority list and may require the county sheriff's written consent for sheriff involvement. The bill also repeals the provision that allowed the sheriff to serve as guardian for a minor, reducing sheriff involvement in that role.

Who It Affects
  • Protective or incapacitated persons and their estates, who would no longer default to the sheriff and may be cared for by non-sheriff guardians or conservators.
  • Individuals or corporations eligible to be guardians or conservators, who would be considered under a priority system rather than automatically being passed over to the sheriff.
  • County sheriff and sheriff's office employees, who would face restrictions and would need written consent to serve as general guardian or conservator.
  • Minors, who would no longer have the sheriff automatically appointed as guardian under current law.
Key Provisions
  • Repeals Section 26-2-27, removing sheriff guardianship authority for minors.
  • Amends Section 26-2-50 to shift away from automatic sheriff appointment when no other suitable person applies and to rely on a county-wide appointment process.
  • Amends Section 26-2A-138 to preserve a priority-based list for appointment and to require written consent from the county sheriff for sheriff involvement as guardian or conservator.
AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Sheriffs

Bill Actions

H

Indefinitely Postponed

H

Read for the second time and placed on the calendar

H

Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Documents

Source: Alabama Legislature