HB 249

This act amends Chapters 2 and 2A of Title 26, Code of Alabama 1975, throughout to: (1) provide procedures and notice requirements for the removal of guardianship and conservatorship proceedings from probate court to circuit court; (2) specify when the circuit court may remand such proceedings; (3) revise notice requirements relating to guardianship and protective proceedings; (4) establish the duties of guardians ad litem, which include protecting the best interests of the respondent and other duties relating to communication, recordkeeping, reporting, investigation, and advocacy; and (5) require guardians ad litem to complete a training program prior to appointment. This act adds Sections 26-2A-54, 26-2A-107.1, and 26-2A-136.1 to the Code of Alabama 1975, to: (1) require the probate court to appoint a court representative to independently evaluate petitions for guardianships and protective proceedings in certain circumstances; (2) specify the duties of court representatives; (3) authorize the probate court to appoint a temporary or emergency guardian or a temporary or emergency conservator under certain circumstances; (4) provide notice requirements, limits on the duration of authority, hearing requirements, and procedures for removal in proceedings relating to temporary and emergency guardians and conservators; and (5) revise when a court may preserve and apply property of a person who is the subject of protective proceedings. This act also repeals Section 26-2A-107, Code of Alabama 1975, relating to the appointment of temporary guardians.