SB101 Alabama 2021 Session

Summary

Primary Sponsor

Tom Whatley

Republican

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Sheriffs, not required to be conservators, Sec. 26-2-27 repealed; Secs. 26-2-50, 26-2A-138 am'd.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

SB101 ends the requirement that sheriffs serve as guardians or conservators and repeals the sheriff-appointment rule for guardianship of protected persons.

What This Bill Does

The bill repeals the rule that a sheriff must be appointed as guardian or conservator when no other suitable person applies. It amends the appointment process to rely on a prioritized list of eligible guardians or conservators, explicitly excluding the sheriff and any sheriff's employees from being appointed. It also repeals the provision allowing a sheriff to serve as guardian for a minor. The act becomes law on the first day of the third month after passage and governor approval.

Who It Affects

• Sheriffs and sheriff's office employees: no longer eligible to be appointed as general guardian or conservator.
• Incapacitated or protected persons and their families: guardians/conservators will be chosen from other eligible individuals or entities rather than automatically (or mandatorily) the sheriff.
• Courts and counties: must appoint guardians or conservators from the updated prioritized list and are prohibited from selecting the sheriff.

Key Provisions

• Repeals Section 26-2-27, removing the sheriff's ability to be appointed as guardian for a minor.
• Amends Section 26-2-50 to remove the requirement that the sheriff must be appointed if no general conservator exists.
• Amends Section 26-2A-138 to maintain a priority list for appointment but explicitly prohibits appointing the county sheriff, deputy sheriff, or any sheriff's employee as guardian or conservator.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

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