Starting in 2027, Alabama courts may appoint temporary guardians for adults at risk

A person connected to a covered case may move it from probate court to circuit court by filing a notice there. The rule covers guardianship, conservatorship, and other protective cases started on or after January 1, 2027, before the probate court takes steps toward final settlement. Eligible filers include the person alleged to be incapacitated before incapacity is decided, a guardian or conservator, and certain people connected to the case. This transfer rule does not apply in counties where the probate court has concurrent equity jurisdiction with the circuit court. The person filing must send notice to the probate court and the interested people listed in the notice. The circuit court may return the case for improper delay or failure to follow the law. This rule applies to proceedings that begin on or after January 1, 2027.

A court must appoint a court representative in proceedings under the article unless an exception applies; a guardian ad litem must complete approved training before appointment. A court representative interviews the respondent, reviews the petition, and reports findings unless the court waives the report for good cause. The training requirement applies to guardians ad litem appointed under this chapter. The court may skip appointing a court representative if the appointment is unlikely to help or would add unnecessary expense. The representative must have relevant training or experience and no personal interest in the case. A guardian ad litem may be appointed when a respondent’s interests would otherwise be inadequately represented. The guardian ad litem must protect the respondent’s best interests. Guardians ad litem must complete the training before appointment.

A court may appoint a temporary or emergency guardian or conservator for an adult, or order other temporary financial relief, when the required findings are met. These provisions cover adults. A temporary conservator or other temporary financial relief may preserve and use property to support the adult or someone who depends on the adult. The court must find that the action is likely to prevent substantial harm, no other willing person appears able to act, and there is reason to believe legal grounds for protection exist. Financial relief must address likely substantial and irreparable harm to property or financial interests. Without advance notice, the court must find from an affidavit or testimony that the harm would occur before a hearing with notice. It must give notice within 48 hours and hold a hearing within 10 days. Emergency authority or relief may last no more than 10 days. Temporary authority or relief may last up to 60 days per term. A second term may be granted without a hearing if the conditions continue and continuation is in the adult’s interest; later extensions require a hearing and good cause. The act takes effect January 1, 2027. Emergency authority or relief may last no more than 10 days; temporary authority or relief may last up to 60 days per term, with further terms subject to the stated conditions.