House Bill 249 Alabama 2026 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

2026 Regular Session

Title

Guardianships and conservatorships; notice requirements further provided for, procedures to remove proceeding to circuit court revised, duties of guardian ad litem of a minor further provided for and training required, court representative required to be appointed for allegedly incapacitated adults in certain circumstances, appointment of temporary or emergency guardian or conservator authorized in certain circumstances

Summary

The bill overhauls Alabama guardianships and conservatorships by adding circuit court removal, new notice and training requirements, a court representative and trained guardians ad litem, and the use of temporary or emergency guardians/conservators to protect people and their property.

What This Bill Does

It creates a pathway to remove guardianship and conservatorship cases from probate court to circuit court, with specific rules for cases begun before 2027 and after, including who can file and how notice is given. It requires training for guardians ad litem and establishes duties to protect the respondent’s best interests, including independent investigation and reporting. It adds a court representative to assist the court in guardianship/protective proceedings and outlines their duties to interview parties, explain proceedings, and file written reports. It authorizes temporary or emergency guardians or conservators in certain circumstances to prevent harm to an adult’s health, safety, welfare, or property, with defined time limits, notice, hearings, and possible extensions, and it forbids county sheriffs from serving in these roles without consent.

Who It Affects

• Guardians and conservators (including emergency/temporary guardians and guardians ad litem): face new removal procedures, potential circuit court jurisdiction, mandatory training, expanded duties, and possible penalties for improper filings.
• Minors, incapacitated adults, their families, and related parties: gain stronger notice, court representation options, trained guardians ad litem, and temporary/emergency protection measures to safeguard health, safety, welfare, and finances.

Key Provisions

• Allows removal of guardianships and conservatorships from probate court to circuit court for proceedings commenced before January 1, 2027, upon sworn petition, without assigning special equity, if the court finds the circuit court can administer the matter better.
• For proceedings commenced on or after January 1, 2027, permits removal from probate to circuit court by specified parties (guardians, conservators, guardians ad litem, next friends, etc.) with a notice of removal describing the proceeding and indicating jury demand if any.
• Requires notice of hearings on petitions to be given to the person to be notified or their attorney by specified methods (mail, process server, or publication) and proof of notice must be filed.
• Appoints a guardian ad litem in guardianship/protective proceedings, who must be trained, conduct independent investigations, meet with the respondent, explain proceedings, interview relevant people, advocate for least-restrictive options, file a written report, attend hearings, avoid conflicts, and terminate upon final court order or appeal.
• Creates a court representative to assist the court in guardianship/protective proceedings, who is trained and may be an officer or employee of the court; the representative independently evaluates the petition, interviews the respondent and others, visits the respondent’s dwelling, obtains medical information, and files a court report.
• Authorizes temporary or emergency guardians or conservators for adults under specified conditions to prevent substantial harm, with notice to interested parties, defined durations (60 days for temporary guardians/conservators; extensions possible in 60-day increments with conditions; emergency durations up to 10 days), and mandatory hearings.
• Prohibits appointing county sheriffs as temporary or emergency guardians/conservators unless the sheriff consents to the appointment.
• Repeals the existing emergency orders for temporary guardians (Section 26-2A-107) and replaces them with new procedures and safeguards, including potential court-ordered extensions and emergency relief, plus reporting requirements.
• Adds authority to preserve and apply a protected person’s property during protective proceedings and extends or clarifies the powers of conservators over the estate, including specific estate management actions.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law