HB 249 Alabama House · 2026 Regular Session

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

HB 249 reforms Alabama's guardianship and conservatorship procedures to better protect vulnerable adults. It requires courts to appoint a court representative for allegedly incapacitated adults in certain cases, mandates training for guardians ad litem before appointment, and allows temporary/emergency guardians or conservators to prevent harm to an adult's health, safety, or finances. The bill also revises rules for moving cases from probate court to circuit court, clarifies who can request such transfers, and adds penalties for improper emergency petitions. These changes directly affect adults deemed incapacitated, their families, legal representatives, and court systems handling these cases.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Apr 2026
Signed into Law
Apr 2026
Introduced Jan 15, 2026 Signed Apr 15, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 6 edits · Apr 15, 2026
MODERATE
The bill was finalized as an enrolled version, incorporating a significant expansion of who can request the removal of guardianship or conservatorship cases from probate court to circuit court. The changes add new eligible parties, such as agents under durable powers of attorney and specific facilities, and clarify the roles of guardians ad litem and attorneys in this process.
Scope change
The scope of the bill was expanded to include additional parties who can petition for the removal of proceedings from probate to circuit court, and to provide for temporary or emergency relief to protect an adult's property or financial interests.
ELIGIBILITY

Added new eligible parties who can petition to remove a guardianship or conservatorship case from probate court to circuit court, including agents with durable powers of attorney and specific healthcare facilities.

REQUIREMENT

Clarified that guardians ad litem and attorneys for the subject of the proceeding are now eligible to request the removal of the case to circuit court.

Added a requirement for the removing party to file a copy of the removal notice with the probate court clerk and send copies to all interested parties after the case is moved to circuit court.

SCOPE

Expanded the bill's purpose to explicitly include providing temporary or emergency relief to prevent harm to an adult's property or financial interests.

DEFINITION

Updated the definition of eligible facilities to explicitly include hospitals as defined by state law.

TECHNICAL

Corrected formatting and line breaks in the text and updated the bill's classification from 'Engrossed' to 'Enrolled'.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
23
Key actions
9
Committee
4
Amendments
5
Apr 7, 2026
Lower · Passed
Faulkner Motion to Concur In and Adopt Senate Amendment - Adopted Roll Call 1252
lower
Apr 7, 2026
Upper · Passed
Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 1174
upper
Apr 7, 2026
Upper · Passed
Givhan motion to Adopt - Adopted Roll Call 1173
upper
Apr 7, 2026
Introduced
Givhan 1st Amendment Offered
upper
Mar 3, 2026
Upper · Passed
Reported Out of Committee Second House
upper
Feb 25, 2026
Upper · Passed
Pending Committee Action in Second House (Judiciary)
upper
Feb 24, 2026
Lower · Passed
Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 539
lower
Feb 24, 2026
Lower · Passed
Motion to Adopt - Adopted Roll Call 538
lower
Feb 24, 2026
Introduced
Judiciary Engrossed Substitute Offered (Judiciary)
lower
Feb 4, 2026
Lower · Passed
Reported Out of Committee House of Origin (Judiciary)
lower
Jan 15, 2026
Lower · Passed
Pending Committee Action in House of Origin (Judiciary)
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of David Faulkner
David Faulkner
RRepublican
AL
46