Senate Bill 83 Alabama 2026 Session

Summary

Primary Sponsor

Arthur OrrSenator

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

SB83 updates guardianships and conservatorships in Alabama by expanding circuit-court removal, boosting guardian ad litem duties and training, creating court representatives, and adding temporary or emergency guardians/conservators to protect vulnerable individuals.

What This Bill Does

It allows removal of guardianships and conservatorships from probate court to circuit court for both pre-2027 and post-2027 proceedings under defined conditions. It strengthens protections by imposing notice requirements, mandating training for guardian ad litem volunteers, and creating a court representative role to assist the court. It authorizes temporary or emergency guardians or conservators for adults in urgent situations to prevent harm, with set time limits, extension rules, and required hearings. It also repeals the old emergency-guardian provision and makes several technical updates, with the new provisions taking effect January 1, 2027.

Who It Affects

• Wards (minors and incapacitated adults) and their families: May see cases moved to circuit court, receive more structured protections, and gain access to trained court representatives and guardians ad litem to safeguard their interests.
• Guardians, conservators, guardians ad litem, attorneys, and public agencies (e.g., Department of Human Resources): face new duties, including training, clearer roles in investigations and reporting, eligibility to petition for removal, and potential penalties for improper use of temporary/emergency powers.

Key Provisions

• Removal of guardianships/conservatorships from probate to circuit court for pre-2027 proceedings, with a sworn petition and court order.
• For post-2027 proceedings, removal to the circuit court may be done by specified parties (guards, conservators, ad litem, next friends, agents, facilities, DOHR, spouses, etc.) with a detailed notice process.
• Mandatory training for guardians ad litem, defined duties (independent investigation, meeting with the respondent, reporting, attending hearings, advocating least restrictive options), and prohibition on conflicts of interest.
• Appointment of court representatives to assist the court, with duties to evaluate petitions, interview parties, visit the respondent’s dwelling, obtain medical information, and file written reports.
• New temporary or emergency guardians/conservators for adults (and related monitoring) with defined durations (typically 60 days for temporary orders, up to 60-day extensions, and potential 10-day emergency appointments) and notice/hearing requirements.
• Restrictions on sheriff appointments as temporary guardians/conservators unless the sheriff consents, and the repeal of an older emergency-guardian provision with updates effective January 1, 2027.

AI-generated summary using openai/gpt-5-nano on Feb 17, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law