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

HB249 overhauls Alabama guardianship and conservatorship rules by adding removal procedures, training and duties for guardians ad litem, court representatives, temporary/emergency guardians/conservators, and new transitional provisions, with effectiveness starting January 1, 2027.

What This Bill Does

It adds a formal framework for moving guardianships, conservatorships, and protective proceedings from probate court to circuit court, including who can petition for removal and how removal notices are issued. It strengthens notice requirements for hearings, requires guardian ad litem training, and establishes a court representative to investigate petitions and report findings. It authorizes temporary or emergency guardians or conservators in certain cases to prevent substantial harm, with defined scopes, durations, and hearing timelines, and it allows courts to penalize vexatious or improper petitions; it also removes a provision about preserving property during pending protective orders and makes technical updates.

Who It Affects

• Guardians and conservators (including guardians ad litem and next friends) for minors or incapacitated persons, who would be subject to new removal procedures, training requirements, and potential temporary/emergency appointments.
• Respondents (the protected person, including minors or incapacitated adults) and their families, guardians ad litem, attorneys, and related parties, who will receive enhanced notice, may be evaluated by a court representative, and could be recipients of emergency relief or related costs/penalties.

Key Provisions

• Removals: establishes new procedures for removing guardianships/conservatorships from probate court to circuit court, including who may petition, required content of removal notices, and when a case may be remanded.
• Notice and training: tightens notice requirements for hearings (14 days by certified mail/commercial carrier; 10 days by process server) and requires guardian ad litem training before appointment, with training provided by specified Alabama associations.
• Court representative: requires appointment of a court representative in guardianship/protective order cases to investigate allegations, interview the respondent, and file a report unless the court determines it would not help or would be costly.
• Temporary/emergency relief: allows courts to appoint temporary or emergency guardians/conservators in circumstances to prevent substantial harm, with defined durations, powers, and notice/hearing requirements (including emergency appointments without notice in narrow cases).
• Costs and penalties: authorizes tax of costs/attorney fees against parties who petition for temporary relief vexatiously or improperly, with specified procedures for awarding and detailing those costs.
• Property provisions: removes a provision that allowed preserving and applying a subject's property during an ongoing protective order petition pending resolution.
• Code updates and effective date: adds new sections (26-2A-54, 26-2A-107.1, 26-2A-136.1) and revises several existing sections; the act becomes effective January 1, 2027, with transitional rules for cases begun before that date.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law