HB227 Alabama 2022 Session

Summary

Primary Sponsor

Matt SimpsonRepresentative

Republican

Session

Regular Session 2022

Title

Probate Courts, jurisdiction further provided including for name changes for minors and elder abuse protection orders and enforcement, Secs. 38-9-3.1, 38-9-6.1 added; Secs. 12-13-1, 38-9-2, 38-9F-4 am'd.

Summary

HB227 would expand probate courts' authority to handle minor name changes, protective services and elder abuse cases, and empower probate judges to issue elder abuse protection orders under certain conditions.

What This Bill Does

It adds the change of a minor's name to probate court jurisdiction under specified conditions, including a written declaration by a parent or guardian, consent from all persons with parental rights, and minor's own consent if age 14 or older (excluding minors in pending circuit court domestic relations matters). It gives probate courts concurrent general and original jurisdiction with circuit courts over protective service proceedings under the Adult Protective Services Act. It authorizes probate judges who are in good standing with the Alabama State Bar to issue elder abuse protection orders when allowed by a standing order from the presiding circuit court judge. It creates a process to remove a case from probate court to circuit court after a petition is filed but before a hearing. It also includes nonsubstantive, technical revisions to update code language to current style.

Who It Affects

• Adults and their families who may be subject to protective services or elder abuse protection orders, with probate court now able to hear protective service proceedings and probate judges able to issue elder abuse protection orders under standing orders.
• Parents/guardians of minors and the minors themselves, who would use probate court to change a minor's name under specific consent requirements.

Key Provisions

• Adds minor name change jurisdiction to probate court (Sections 12-13-1 and related language) with conditions: written declaration by parent/guardian, consent from all persons with natural parental or legal rights, minor's consent if 14+; not applicable to domestic relations matters pending in circuit court.
• Adds Section 38-9-3.1 establishing concurrent original and general jurisdiction between probate court and circuit court for all matters in Chapter 9.
• Adds Section 38-9-6.1 allowing removal of an action from probate court to circuit court after filing but before a hearing, with specified steps and effect.
• Amends Section 38-9F-4 to authorize probate judges (who are members in good standing with the Alabama State Bar) to issue elder abuse protection orders when authorized by a standing order from the presiding circuit court judge.
• Expands concurrent jurisdiction for protective service proceedings under the Adult Protective Services Act of 1976 to include probate courts, and includes nonsubstantive technical revisions to update code language.

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

Subjects

Courts