SB163 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Sheriffs, not required to be conservators, Sec. 26-2-27 repealed; Secs. 26-2-50, 26-2A-138 am'd.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

SB163 would stop automatically making the county sheriff the guardian or conservator and require sheriff consent for such appointment, with other candidates considered first.

What This Bill Does

The bill changes who can be appointed to manage a protected person’s estate. It removes the default rule that the sheriff must be appointed and instead prioritizes other guardians or fiduciaries when choosing who should act. It repeals the old rule that required the sheriff to be the guardian for a minor. If the sheriff is considered, the county sheriff must consent before appointment.

Who It Affects

• Protected persons (incapacitated individuals or minors) and their families, because guardianship appointments would not automatically default to the sheriff and would follow a prioritized list of other candidates.
• County sheriff’s office and personnel, because their automatic role as guardian/conservator would be reduced and they could be appointed only with the county sheriff's consent.

Key Provisions

• Repeals Section 26-2-27, removing the requirement that the sheriff serve as guardian for a minor.
• Amends 26-2-50 to favor appointing a general guardian or conservator for the county when no other suitable person applies and qualifies, rather than automatically appointing the sheriff.
• Amends 26-2A-138 to establish an appointment priority for guardians/conservators and to prohibit appointing the sheriff or sheriff employees unless the county sheriff consents.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Sheriffs