HB603 Alabama 2021 Session

Summary

Primary Sponsor

Joe LovvornRepresentative

Republican

Session

Regular Session 2021

Title

Guardianships and conservatorships, probate court, procedures for appointment and removal of guardians and guardianship matters further provided for, Uniform Guardianship Act amended, Secs. 26-2-2, 26-2-3, 26-2-50, 26-2A-102, 26-2A-103, 26-2A-105, 26-2A-107, 26-2A-133, 26-2A-147, 26-2A-152, 26-5-2 am'd.

Summary

HB603 would reform Alabama guardianship and conservatorship rules by moving some matters to circuit court, tightening temporary guardianship limits, and strengthening protections, notices, and oversight.

What This Bill Does

Allows removal of guardianship or conservatorship cases from probate court to circuit court under certain conditions; restricts the county's general conservator from serving as temporary guardian or conservator for more than 30 days unless the court finds exigent circumstances after a hearing; imposes a 90-day deadline for hearings on guardianship appointments unless all interested parties agree to an extension; expands who must receive hearing notifications and clarifies that undue influence alone is not enough to declare incapacity; requires decisions about guardianship not to be made if a durable power of attorney or health care directive exists unless the authority holder resigns, dies, becomes incapacitated, or refuses to act; prohibits automatic renewal of temporary guardians orders; requires annual conservator accounts; limits a conservator's ability to dismiss an attorney or bar the attorney from meeting with the incapacitated person without consent; restricts sharing confidential documents with petitioners or their attorneys unless directed by the court; prevents requiring an incapacitated person to pay certain legal fees; and ensures guardian/conservator fees are reasonable and tied to actual services performed.

Who It Affects

• Incapacitated individuals and their families or fiduciaries (guardians, conservators, guardians ad litem, and next friends), who would experience changes in appointment timelines, reporting requirements, and financial responsibilities.
• Guardians, conservators, attorneys, petitioners, holders of durable powers of attorney or health care directives, and county officials involved in guardianship matters, who face new jurisdiction rules, notice requirements, confidentiality protections, and procedures for removal or extension of guardianships.

Key Provisions

• Matter removal: Guardianship or conservatorship cases may be moved from probate court to circuit court under specified circumstances.
• Temporary guardianship limit: The county general conservator cannot serve as temporary guardian or conservator for more than 30 days unless the court finds exigent circumstances after a hearing.
• Timing for guardianship hearings: A hearing on appointing a limited or general guardian must occur within 90 days after petition filing unless all interested parties consent to more time.
• Expanded notification: In guardianship proceedings, notice must go to the incapacitated person’s attorney and adult grandchildren if there are no adult children.
• Grounds for incapacity: Undue influence alone is not enough to declare a person incapacitated.
• Durable power of attorney/health directive: If such documents exist, the court cannot appoint a guardian or conservator unless the holder resigns, dies, becomes incapacitated, or refuses to act.
• No automatic renewals: Temporary guardianship orders may not renew automatically.
• Conservator reporting: Conservators must annually account to the court for their administration.
• Attorney involvement: A conservator cannot dismiss an attorney or prevent the attorney from meeting with the incapacitated person without the incapacitated person’s consent.
• Confidential information: Conservators generally cannot share confidential records with petitioners or petitioners’ attorneys unless the court directs otherwise.
• Fees for incapacitated persons: An incapacitated person cannot be required to pay the fees of attorneys or petitioners’ experts or witnesses.
• Fees if void/due process issues: If a guardianship or conservatorship order is void or due process was denied, no fees may be paid to the conservator, guardian, guardian ad litem, or petitioners’ attorneys.
• Reasonable compensation: Annual fees for guardians or conservators must be reasonable and based on actual services, not including paid employees or agents.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Guardians