HB413 Alabama 2024 Session

Summary

Primary Sponsor

Cynthia Lee AlmondAlabama Public Service Commission

Republican

Session

Regular Session 2024

Title

Guardianships, bill of rights for adults with guardians

Summary

HB413 would create a Guardianship Bill of Rights that protects adults with guardians by guaranteeing access to justice, core human rights, and decision-making control.

What This Bill Does

It establishes a formal set of rights for adults who have guardians, covering access to justice, core human rights, and decision-making. These rights include maintaining rights not granted to the guardian, having a lawyer, being present at hearings, informing the court of concerns, requesting reviews of guardianship, and having capacity evaluated if needed, with accommodations for communication. It also protects dignity, privacy, independence, religious expression, and safe living environments, and requires guardians to manage resources and decisions in the adult's best interests. The rights are in addition to existing rights and the act becomes effective October 1, 2024.

Who It Affects

• Adults who have guardians, who would gain explicit rights to participate in hearings, challenge guardianship, express concerns, and request evaluations or reviews.
• Guardians and the courts, who would be required to respect these rights, provide accommodations, and oversee guardianship with added safeguards.

Key Provisions

• Establishes the Guardianship Bill of Rights as a new law.
• Rights to access justice: maintain rights not granted to the guardian, have a lawyer, attend hearings, inform the court of concerns, request reviews of guardianship and guardian suitability, obtain capacity evaluations if needed, and receive communication accommodations with rights explained in preferred language or method.
• Core human rights: adults must be treated with dignity, free from abuse/neglect/discrimination, remain as independent as possible, express religious beliefs, have personal privacy, and live in humane, safe environments.
• Decision-making rights: guardians must advocate for and respect the adult's goals and desires; adults can participate in care, living, and social decisions; receive services in the least restrictive conditions; guardian manages resources prudently; participate in property decisions; keep confidential information unless necessary for services, preventing harm, or adjusting guardianship.
• Effect and scope: these rights are in addition to other rights provided by law, and the act takes effect October 1, 2024.

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

Subjects

Family Law