Alabama
Overview
Alabama passed the Colby Act, recognizing supported decision-making, effective August 1, 2023. We have not identified any court cases discussing supported decision-making as an alternative to guardianship.
Guardianship Laws
Adult Guardianship Statute:
Ala. Code §§ 26-2-43 to -55; 26-2A-1 to -53; 26-2A-100 to -160; 26-2B-101 to -503; 26-3-1 to -14; 26-5-1 to -54; 26-8-1 to -52; 26-9-1 to -19; 12-13-21
AL Code § 26-2A-103 (2023) ;
Supported Decision-Making
State Legislation
- Colby Act, S.B. 55 and H.B. 105, 2023 Reg. Session (2023)
- Description: To provide for a supported decision-making agreement as an alternative to a guardianship or conservatorship; and to provide the scope and limitations of a supported decision-making agreement
- Status: The bill was signed by the governor on May 9, 2023 and will become effective on August 1, 2023
- Other Resources
- The Arc of Alabama, “The Colby Act for Supported Decision Making,“
- AARP Alabama, “Alabama’s seniors and family caregivers are grateful for a significant step in modernizing guardianship system,”
None found.
- H.B. 522 2022 Reg. Session (Colby Act) (Ala. 2022)
- Description: Would recognize supported decision-making as an alternative to guardianship.
- Status: Died in the House of Representatives committee on Judiciary on 03/29/2022.
- H.B. 263 2021 Reg. Session (Exton’s Law) (Ala. 2021)
- Description: (reintroduction of HB 58 from 2020), Would incorporate SDM services in the medical context of organ transplantation.
Case Law & Court Orders
None found
State Grant Programs
State Grantee: University of Alabama/Legal Services Alabama
Summary: 190.8k was awarded to support an ADAP attorney to work with Legal Services Alabama to adress abuse and neglect of vulnerable individuals in order to promote Supported Decision-Making and Alternatives to Guardianship.
Other Resources
- Supported Decision-Making: Empowering Independence in Alabama – Guardianships and Conservatorships (and its predecessor Alabama WINGS)
- Alternatives to Guardianship, Alabama Disabilities Advocacy Program
- Alabama WINGS (Working Interdisciplinary Network of Guardian Stakeholders)
- “Alabama’s seniors and family caregivers are grateful for a significant step in modernizing guardianship system.” – AARP Alabama
- “A Brief History of Disability Advocacy in America & How the Colby Act is a Step Forward.” -The University of Alabama at Birmingham Institute for Human Rights Blog
- Supports individuals in alternatives to guardianship, including support decision-making – Alabama Disability Advocacy Program (ADAP)
Information Last Updated: January 17, 2024
Find relevant resources for this state.
Since 2017, Alabama WINGS has worked to improve guardianship and conservatorship practices in Alabama. The mission of Alabama WINGS is to deliver …
ADAP works to ensure that a person’s right to self-determination is not restricted or harmed by guardianships and conservatorships. We represent individuals …