Alabama Guardianship Laws: Minors, Adults and Conservators (2026)

In Alabama, guardianship and conservatorship are governed by the Alabama Uniform Guardianship and Protective Proceedings Act, chapter 2A of Title 26 of the Code of Alabama, and cases are heard in the probate court (Ala. Code § 26-2A-20). A guardian is responsible for a person's health, support, education and maintenance, a conservator manages a "protected person's" estate, and before appointing a guardian for an adult the court must be satisfied that the person is incapacitated and that the appointment "is necessary or desirable as a means of providing continuing care and supervision" (§ 26-2A-105(b)).

Two features set Alabama apart. A minor is anyone under 19 who has not otherwise had the disabilities of minority removed (§ 26-2A-20(11)), so a guardianship of a child can run until age 19. And HB 249 of the 2026 Regular Session (Act 2026-488), which takes effect January 1, 2027, rewrites several procedures, including temporary and emergency guardianships; this page states the rules in force now and marks what changes on that date. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alabama state law on guardianship of minors and incapacitated adults and on conservatorship under chapter 2A of Title 26, the parental power of attorney, the Colby Act on supported decision-making, and the interstate act in chapter 2B, including the changes HB 249 makes from January 1, 2027. It does not cover custody disputes between parents (see Alabama child custody laws), grandparent visitation (see Alabama grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Alabama probate), juvenile-court dependency cases, which are a separate track, or civil commitment and mental-health holds.

Alabama guardianship terms and where the law lives

Chapter 2A of Title 26 covers guardians of minors (§§ 26-2A-70 to 26-2A-79), guardians of incapacitated persons (§§ 26-2A-100 to 26-2A-110) and protective proceedings, in which conservators are appointed (§§ 26-2A-130 to 26-2A-160). The interstate rules are in chapter 2B, the Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§ 26-2B-101), and supported decision-making is in chapter 1B, the Colby Act.

The adult definition reads:

INCAPACITATED PERSON. Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.

Ala. Code § 26-2A-20(8)

How to get guardianship of a child in Alabama

A guardianship of a minor arises either by parental appointment or by court appointment (§ 26-2A-70). The minor or any interested person may petition (§ 26-2A-75).

When the court may appoint. The court's power is limited to children whose parents' rights are not in effect:

The court may appoint a guardian for an unmarried minor if all parental rights have been terminated or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental rights have been terminated or suspended.

Ala. Code § 26-2A-73(a)

A guardian named by a parent under § 26-2A-71, whose appointment has not been prevented or ended by the child's objection, has priority over anyone the court might appoint, but the court may proceed with another appointment on a finding that the parental nominee has failed to accept within 30 days after notice of the guardianship proceeding (§ 26-2A-73(a)).

Notice. After a petition is filed, the court sets a hearing, and the petitioner must give notice to the minor, if 14 or older and not the petitioner; to any person alleged to have had the principal care and custody of the minor during the 60 days before the petition was filed; and to any living parent of the minor (§ 26-2A-75(b)).

A lawyer for the child. If the court determines at any time that the minor's interests are or may be inadequately represented, it may appoint an attorney for the minor, "giving consideration to the preference of the minor if the minor is 14 or more years of age" (§ 26-2A-75(d)).

Who is appointed. "The court may appoint as guardian any person whose appointment would be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor is 14 or more years of age, unless the court finds the appointment contrary to the best interest of the minor" (§ 26-2A-76).

Temporary guardian of a minor. If necessary, the court may appoint a temporary guardian with the full authority of a general guardian of a minor, "but the authority of a temporary guardian may not last longer than six months." A temporary appointment may be made even when the conditions in § 26-2A-73(a) have not been established (§ 26-2A-73(b)).

What a minor's guardian may decide

"A guardian of a minor ward has the powers and responsibilities of a parent regarding the ward's health, support, education, or maintenance, but a guardian is not personally liable for the ward's expenses" (§ 26-2A-78(a)). Among other powers, a guardian may consent to medical or other professional care, treatment or advice for the ward, and may consent to the marriage or adoption of the ward (§ 26-2A-78(c)(4), (5)). The court may limit a minor's guardian's powers.

When it ends

"A guardian's authority and responsibility terminate upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority, but termination does not affect the guardian's liability for prior acts or the obligation to account for funds and assets of the ward" (§ 26-2A-79). Because a minor is a person under 19, majority for this purpose comes at 19 (§ 26-2A-20(11)).

Custody disputes between parents are a separate subject, covered on our Alabama child custody laws page; for a grandparent's options short of guardianship, see Alabama grandparents' rights.

A child's money

A person who owes a minor money may, without a conservator, pay limited sums to the person having the care and custody of the minor, to the minor's guardian or to the judge of probate, among the options § 26-2A-6 lists. "Payments under this subsection must not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in a series of payments, and payments, by any person other than a conservator or judge, must not exceed a maximum of $25,000 during the minority of the minor ward" (§ 26-2A-6). The section does not apply if a conservator has been appointed or a proceeding for one is pending. Larger amounts call for a conservator under the protective-proceeding rules below.

Can a parent name a guardian in a will in Alabama?

Yes. "The parent of an unmarried minor may appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged" (§ 26-2A-71(a)).

The appointment does not take effect while a parent with parental rights is alive and capable. Subject to the child's right to object, "if both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian seasonably files an acceptance in the court in which a nominating instrument is probated, or, in the case of a nontestamentary nominating instrument, in the court at the place where the minor resides or is present" (§ 26-2A-71(b)).

The child may object. "A minor 14 or more years of age who is the subject of a parental appointment may prevent the appointment or cause it to terminate by filing in the court in which the nominating instrument is filed a written objection to the appointment before it is accepted or within 30 days after receiving notice of its acceptance" (§ 26-2A-72). An objection does not stop the court from appointing the same person or another person in a proper proceeding.

Letting a relative care for a child without going to court

Alabama's tool is the delegation of parental powers by power of attorney in § 26-2A-7:

(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education, or maintenance of the person or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. Temporary "delegation" of parental powers does not relieve the parent or guardian of the primary responsibility for the minor or incapacitated person.

Ala. Code § 26-2A-7(a)

The limits:

• One year. The delegation may not exceed one year.
• Who may delegate. A parent who has custody, or a guardian of a minor or of an incapacitated person.
• Excluded powers. The power to consent to the child's marriage or adoption cannot be delegated.
• The parent stays responsible. The delegation "does not relieve the parent or guardian of the primary responsibility" for the child.
• No end run around other law. Subsection (a) may not be used "to allow a parent or guardian to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of Title 44" (§ 26-2A-7(b)).

How to become guardian of an adult in Alabama

The petition

"An incapacitated person or any person interested in the welfare of the incapacitated person may petition for appointment of a limited or general guardian" (§ 26-2A-102(a)).

Notice

Notice of the hearing goes to the respondent, the respondent's spouse, and the respondent's adult children (or, if none, parents), among others § 26-2A-103 lists, such as a current guardian or custodian, and "the respondent may not waive notice" (§ 26-2A-103(a), (d)). Under § 26-2A-50(b)(2) as it reads until January 1, 2027, notice may be given by delivering a copy to the person personally at least 14 days before the hearing. HB 249 amends both §§ 26-2A-50 and 26-2A-103 effective January 1, 2027.

A lawyer, a medical examination and a court representative

The core protections are in one subsection:

After the filing of a petition, the court shall set a date for hearing on the issue of incapacity so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated person is represented by counsel, appoint an attorney to represent the person in the proceeding. The person so appointed may be granted the powers and duties of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician or other qualified person appointed by the court who shall submit a report in writing to the court. The person alleged to be incapacitated also shall be interviewed by a court representative sent by the court.

Ala. Code § 26-2A-102(b)

The hearing

"A person alleged to be incapacitated is entitled to be present at the hearing in person. The person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or other qualified person and any court representative, and upon demand to trial by jury as provided in Section 26-2A-35. The issue may be determined at a closed hearing if the person alleged to be incapacitated or counsel for the person so requests" (§ 26-2A-102(c)). Except in a court having general equity jurisdiction, where Rule 38 of the Alabama Rules of Civil Procedure decides the jury right, a party is entitled to a jury of six disinterested persons in a proceeding to determine incapacity (§ 26-2A-35(a)).

What the court must find

Section 26-2A-105(b) provides that the court "may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person." Neither § 26-2A-102 nor § 26-2A-105 names a standard of proof such as clear and convincing evidence.

The statute also directs how far an order may go:

The court shall exercise the authority conferred in this division so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's mental and adaptive limitations or other conditions warranting the procedure.

Ala. Code § 26-2A-105(a)

At the time of appointment or later, the court may limit the powers a guardian would otherwise have "and thereby create a limited guardianship" (§ 26-2A-105(c)).

A simpler route for some families

The custodial parent or parents, or an adult custodial sibling, of an adult who is incapacitated by reason of an intellectual disability may file a written request to be appointed guardian instead of a petition. The court may waive any or all procedural requirements, "including notice and service, and appointments, and interviews," but the adult must have had an examination by a physician or other qualified person who furnishes a written report to the court (§ 26-2A-102(e)). Instead of a hearing, the probate court holds an informal hearing with the requesting parent or parents or sibling, the adult and a guardian ad litem chosen by the judge of probate, and may then appoint, deny the request under this special procedure, or delay a decision to gather more information (§ 26-2A-102(e)).

A separate statute in Title 12 governs guardianship for a developmentally disabled person. It is to be used "only as is necessary to promote and protect the well being of the person," and "the court shall not appoint the Department of Mental Health as guardian or any other agency, public or private, that is directly providing services to the developmentally disabled person" (§ 12-13-21(b)).

Who serves as guardian

"Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person's most recent nomination in a durable power of attorney" (§ 26-2A-104(b)). After that, the persons entitled to consideration, in order, begin with the spouse, then an adult child, then a parent, followed by the others § 26-2A-104(c) lists, and the court may pass over a person with priority when that is in the incapacitated person's best interest (§ 26-2A-104).

A parent of an unmarried incapacitated person may appoint a guardian by will or by a writing "signed by the parent and attested by at least two witnesses or acknowledged," and a spouse may make a similar appointment (§ 26-2A-100(a)). The appointment takes effect after notice and the filing of the guardian's acceptance, and if the incapacitated person files a written objection, "the appointment is terminated" (§ 26-2A-100(d)).

What an Alabama guardian can decide, and how the court oversees it

An adult's guardian has the powers and duties of a minor's guardian under § 26-2A-78(b) to (d), covering the ward's health, support, education and maintenance, unless the court limits them (§ 26-2A-108(a)). In addition, except as Division 2A provides, the guardian "has the power to limit or enforce the ward's right to visitation or communication with anyone, including the right to receive visitors, telephone calls, and personal mail" (§ 26-2A-108(b)). Under Division 2A, a relative (a sibling, child, parent, grandparent or grandchild of an adult ward, including by adoption, or the ward's spouse) who has been isolated from the ward may petition the court to compel visitation; if the ward has capacity to make a knowing and intelligent visitation decision and wants the visit, the court must order it, and if the ward lacks that capacity the court decides based on the ward's best interest (§§ 26-2A-112, 26-2A-113(a), 26-2A-115). A petition stating that the ward's health is in significant decline or that death may be imminent must get an emergency hearing within 10 days after it is filed (§ 26-2A-113(g)).

Reports. The guardian must "report the condition of the ward and of the ward's estate that has been subject to the guardian's possession or control, as ordered by the court on petition of any person interested in the ward's welfare or as required by court rule" (§ 26-2A-78(b)(5)). The statute itself sets no fixed reporting interval; the timing comes from court orders and court rules.

Temporary and emergency guardianship: current law and the 2027 change

Now (until January 1, 2027). Section 26-2A-107 governs. If the person has no guardian, an emergency exists and no other person appears to have authority to act, the court, without notice, may appoint a temporary guardian "whose authority may not extend beyond 30 days" (§ 26-2A-107(a)). If an appointed guardian is not effectively performing and the person's welfare requires immediate action, the court may appoint, with or without notice, a temporary guardian with a general guardian's powers for a specified period of up to six months, and the existing guardian's authority is suspended while the temporary guardian has authority (§ 26-2A-107(b)).

From January 1, 2027. HB 249 repeals § 26-2A-107 and adds § 26-2A-107.1, effective that date:

• The court must find that the appointment is likely to prevent substantial harm to the adult's physical health, safety or welfare, that no other person appears to have the authority and willingness to act, and that there is reason to believe a basis for guardianship exists; a person interested in the adult's welfare, including a hospital, may petition (§ 26-2A-107.1(a)).
• "The duration of authority of a temporary guardian for an adult may not exceed 60 days. A temporary guardian may exercise only the powers specified in the order of appointment" (§ 26-2A-107.1(c)(1)). The term may be extended for further 60-day periods, and a hearing is required before a third term.
• "The duration of authority of an emergency guardian for an adult may not exceed 10 days" (§ 26-2A-107.1(d)(2)). An emergency guardian may be appointed without notice only if the court finds from an affidavit or testimony that the adult's physical health, safety or welfare will be substantially harmed before a hearing with notice can be held; the court must then give notice of the appointment within 48 hours and hold a hearing within 10 days (§ 26-2A-107.1(d)).
• A guardian ad litem is appointed at once if one has not been appointed, and, apart from a no-notice emergency appointment, notice of the hearing must be given at least 5 days before it (§ 26-2A-107.1(b)).

How an Alabama guardianship ends or rights are restored

A ward or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated and for termination of the guardianship, with one restriction:

An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.

Ala. Code § 26-2A-110(b)

A guardianship also ends on the ward's death and on the other events in § 26-2A-109.

Conservatorship: managing property in Alabama

A conservator is appointed in a protective proceeding. The basis is two-part:

Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (i) the person is unable to manage property and business affairs effectively for such reasons as mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and that (ii) (aa) the person has property that will be wasted or dissipated unless property management is provided, or that (bb) funds are needed for the health, support, education, or maintenance of the person or of those entitled to the person's support and that protection is necessary or desirable to obtain or provide the funds.

Ala. Code § 26-2A-130(c)

The hearing. For a person who is not a minor, "unless the person to be protected has chosen counsel, the court shall appoint an attorney to represent the person who may be granted the powers and duties of a guardian ad litem," and where the alleged disability is mental illness, mental deficiency, physical illness or disability, the infirmities of advanced age, or chronic drug use or intoxication, the court must direct that the person be examined by a physician or other qualified person it designates (§ 26-2A-135(b)). The person may attend, and is entitled to present evidence, to cross-examine witnesses and, on demand, to a jury; at the person's request, the person may be represented by counsel at the person's own expense (§ 26-2A-135(d)).

Duties after appointment.

• Bond. "The court must require a conservator to furnish a bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law." Unless otherwise directed, the bond equals the aggregate capital value of the estate property in the conservator's control plus one year's estimated income (§ 26-2A-139(a)). Bond may be waived at the direction of the person who nominated the conservator, except where an affidavit shows that an interested person's interest is endangered or that waste is likely (§ 26-2A-139(c)).
• Inventory. "Within 90 days after appointment, each conservator shall prepare and file with the appointing court a complete inventory of the estate" (§ 26-2A-146(a)).
• Accounts. If not otherwise directed, "the conservator must, at least once in three years, account to the court" (§ 26-2A-147).

Single transactions without a conservator. When a basis for protection exists, "the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person" (§ 26-2A-137(a)).

Coming in 2027. HB 249 adds § 26-2A-136.1 on temporary and emergency conservators, which applies to conservatorships and other protective proceedings commenced on or after January 1, 2027 (§ 26-2A-136.1(j)), and amends §§ 26-2A-134 and 26-2A-136 effective that date.

Alternatives to guardianship in Alabama

Supported decision-making agreements (the Colby Act). Chapter 1B of Title 26, enacted as Act 2023-134, lets an adult choose supporters to help with decisions while the adult keeps making them. Key rules:

• Formalities. The agreement must "be in writing, dated, and signed by the adult in the presence of a notary public," and must "contain a separate consent signed by each supporter named in the agreement" (§ 26-1B-6(a)(4), (5)). If the adult is under a limited guardianship or conservatorship, the agreement must be executed by the guardian or conservator (§ 26-1B-6(a)(3)). The adult must understand the nature and effect of the agreement.
• Not evidence of incapacity. "A court may not consider an adult's execution of a supported decision-making agreement as evidence of the adult's incapacity" (§ 26-1B-3(c)).
• The supporter's role. A supporter must act on the adult's will and preferences and may not be paid a fee (§ 26-1B-5).
• Effect of a guardianship. The agreement ends if a court appoints a temporary or permanent guardian or conservator for the adult, unless the appointment order expressly modifies but continues the agreement alongside a partial guardianship or conservatorship and limits the guardian's or conservator's powers (§ 26-1B-7(b)(6)). Unless the agreement provides otherwise, it also ends if the adult signs a valid durable power of attorney, except to the extent the power of attorney expressly continues it (§ 26-1B-7(b)(7)).
• Reliance. "A person who in good faith relies on an authorization in a supported decision-making agreement is not subject to discipline for unprofessional conduct" (§ 26-1B-9(a)).

Powers of attorney. A durable power of attorney is signed while a person still has capacity, and a nomination of a guardian in the person's most recent durable power of attorney controls the court's choice unless lack of qualification or other good cause dictates otherwise (§ 26-2A-104(b)). Signing rules are on our Alabama power of attorney laws page. Free drafting tools are available for an Alabama power of attorney and an Alabama advance directive; a tool is not legal advice, and any document must be signed under the Alabama rules on the power of attorney page.

Health-care surrogates. Alabama's surrogate provision is narrow. Section 22-8A-11 lets a surrogate, in consultation with the attending physician, decide whether to provide, withdraw or withhold life-sustaining treatment or artificially provided nutrition and hydration, and only "if all of the following conditions are met," which include that two physicians have certified that the person is terminally ill or permanently unconscious (§ 22-8A-11(a)). It is not a general authority to make other medical or personal decisions for an adult.

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment serves a beneficiary and appoints its own payee, choosing a legal guardian only as one possible payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Alabama with a guardianship

Alabama has enacted the Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, chapter 2B of Title 26 (§ 26-2B-101). For a move out, "a guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (§ 26-2B-301(a)). For a move in, § 26-2B-302 sets the procedure for an Alabama court to accept a guardianship or conservatorship transferred from another state, and the court then reviews within 90 days whether to conform it to Alabama law.

What HB 249 changes on January 1, 2027

HB 249 of the 2026 Regular Session (Act 2026-488) takes effect January 1, 2027. Its changes to removal of a case to circuit court (§§ 26-2-2, 26-2-3) and its new temporary and emergency conservator section (§ 26-2A-136.1) apply to proceedings commenced on or after that date; the act's text states no such limit for its other changes, including the repeal of § 26-2A-107. Among other things, it:

• requires the court to "appoint a court representative unless the court determines that the appointment is not likely to aid the court or would add unnecessary expense to the proceeding" (new § 26-2A-54(a));
• requires guardians ad litem to undergo training before appointment in a guardianship, conservatorship or protective proceeding, and specifies their duties;
• repeals § 26-2A-107 and adds § 26-2A-107.1 on temporary and emergency guardians for adults (60-day and 10-day limits);
• adds § 26-2A-136.1 on temporary and emergency conservators; and
• amends §§ 26-2-2, 26-2-3, 26-2A-20, 26-2A-50, 26-2A-52, 26-2A-103, 26-2A-134 and 26-2A-136.

Alabama guardianship at a glance

Related Alabama pages

• Guardianship laws by state
• Alabama power of attorney laws
• Alabama child custody laws
• Alabama grandparents' rights
• Alabama probate
• Georgia guardianship laws
• Florida guardianship laws

This article provides general legal information about Alabama guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts, on court rules and on local probate court practice, and several procedures change on January 1, 2027. For advice about a specific situation, contact a lawyer licensed in Alabama or the probate court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Alabama?

The minor or any interested person may petition the probate court (Ala. Code § 26-2A-75), but the court may appoint a guardian only if all parental rights have been terminated or suspended by circumstances or by a prior court order (§ 26-2A-73(a)). Living parents and the person who had principal care of the child in the previous 60 days must receive notice (§ 26-2A-75(b)).

Can a parent give a relative power of attorney over a child in Alabama?

Yes. A parent with custody may delegate powers over the child's health, support, education or maintenance by a properly executed power of attorney for up to one year, but not the power to consent to marriage or adoption, and the parent keeps primary responsibility for the child (Ala. Code § 26-2A-7(a)).

Until what age does a guardianship of a minor last in Alabama?

A minor is a person under 19 who has not otherwise had the disabilities of minority removed (Ala. Code § 26-2A-20(11)), and a minor's guardianship ends at majority, or earlier on the minor's death, adoption or marriage, or the guardian's death, resignation or removal (§ 26-2A-79).

What must be shown to get guardianship of an adult in Alabama?

The court must be satisfied that the person is incapacitated and that the appointment is necessary or desirable to provide continuing care and supervision (Ala. Code § 26-2A-105(b)). The statute does not name a standard of proof, and orders may go only as far as the person's limitations require (§ 26-2A-105(a)).

Does the person get a lawyer in an Alabama guardianship case?

Unless the person alleged to be incapacitated is already represented, the court appoints an attorney, who may be given the powers of a guardian ad litem (Ala. Code § 26-2A-102(b)). The person may also demand a jury of six, except in a court with general equity jurisdiction, where Rule 38 of the Alabama Rules of Civil Procedure governs (§§ 26-2A-102(c), 26-2A-35).

How long does a temporary guardianship last in Alabama?

Until January 1, 2027, an emergency temporary guardian for a person with no guardian may serve no more than 30 days, and a temporary guardian replacing a guardian who is not effectively performing may serve up to six months (Ala. Code § 26-2A-107). From January 1, 2027, a temporary guardian for an adult may serve up to 60 days per term and an emergency guardian up to 10 days (§ 26-2A-107.1). A temporary guardian of a minor may serve no more than six months (§ 26-2A-73(b)).

Does Alabama recognize supported decision-making agreements?

Yes. Under the Colby Act, chapter 1B of Title 26, an adult may sign a written, dated supported decision-making agreement before a notary public, with a separate signed consent from each supporter (Ala. Code § 26-1B-6). A court may not treat signing one as evidence of incapacity (§ 26-1B-3(c)).

How can a guardianship be ended in Alabama?

The ward or anyone interested in the ward's welfare may petition, or ask the court informally, for an order that the ward is no longer incapacitated and for termination of the guardianship; the order that found incapacity may bar such a petition for up to one year without special leave (Ala. Code § 26-2A-110(b)).