SB366 Alabama 2021 Session

Summary

Primary Sponsor

Tom Whatley

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

SB366 would change guardianship and conservatorship rules in Alabama by moving some cases to circuit court, tightening temporary guardianship limits, and expanding protections for incapacitated people.

What This Bill Does

It allows removing guardianship or conservatorship matters from probate court to circuit court under certain conditions. It sets a 30 day maximum for a county general conservator to serve as temporary guardian or conservator unless there are urgent circumstances after a court hearing. It requires hearings for appointing limited or general guardians within 90 days of filing unless all interested parties agree to an extension, and expands notice to include the attorney for the incapacitated person and adult grandchildren if there are no adult children. It also adds protections such as not allowing undue influence alone to determine incapacity, and prohibits appointing a guardian or conservator if there is a valid durable power of attorney or health care directive unless the holder resigns, dies, becomes incapacitated, or refuses to act. Additional provisions include no automatic renewal of temporary guardians, annual conservator accounting, restrictions on conservator actions affecting attorneys and confidential information, and rules on fees and compensation for guardians and conservators.

Who It Affects

• Incapacitated persons (wards) and their families or legal representatives, who gain stronger protections, clearer notification rights, and protections against being forced to pay certain fees or have records unnecessarily shared.
• Guardians, conservators, guardians ad litem, and the courts (probate and circuit), who face new oversight requirements, restricted authorities for temporary guardians, updated procedures for appointments and removals, and detailed rules on fees, accounting, and information sharing.

Key Provisions

• Administration of guardianships and conservatorships may be moved from probate court to circuit court under Section 26-2-2 and 26-2-3; circuit court can remand to probate if removal was improper or for delay, or upon request of interested parties.
• The general county conservator cannot serve as temporary guardian or conservator for more than 30 days unless there are exigent circumstances after a court hearing.
• A hearing on the appointment of a limited or general guardian must occur within 90 days after filing the petition, unless all interested parties agree to an extension.
• In proceedings to appoint a guardian, notice must be given to the incapacitated person’s attorney and any adult grandchildren if there are no adult children.
• Undue influence alone cannot determine incapacity and need for a guardian.
• If a durable power of attorney or health care directive exists, a court cannot appoint a guardian or conservator unless the holder resigns, dies, becomes incapacitated, or refuses to act.
• There shall be no automatic renewal of temporary guardian orders.
• Conservators must annually account to the court for administration of the conservatorship.
• Conservators cannot dismiss an attorney hired by the incapacitated person to challenge the initial order or block the attorney from meeting with the incapacitated person unless the incapacitated person consents.
• Conservators cannot share medical records, wills, investment reports, deeds, or other confidential information with petitioners or their attorneys unless the court directs.
• An incapacitated person cannot be required to pay the fees of the attorney appointed to represent them, the petitioner’s attorney, or any experts or witnesses retained by the petitioner or their attorney.
• If an order appointing a guardian or conservator is void for lack of subject matter jurisdiction or there was due process denial, no fees may be paid to the conservator, guardian, guardian ad litem, court representative, or petitioner’s attorneys.
• Annual compensation for a guardian or conservator must be reasonable and based on actual services provided, excluding services performed by employees, agents, or servants.

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

Subjects

Guardians