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
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
- Public Link: https://arc-sos.state.al.us/cgi/actdetail.mbr/detail?page=act&year=2023&act=134
- Other Resources
- The Arc of Alabama, “The Colby Act for Supported Decision Making,” https://thearcofal.org/2023/02/27/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,” https://aldailynews.com/alabamas-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.
- Public Link: https://legiscan.com/AL/bill/HB522/2022
- 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.
- Status: Died in Committee on Healthcare on 3/30/2021.
- Public Link: https://legiscan.com/AL/bill/HB263/2021
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
- Alternatives to Guardianship, Alabama Disabilities Advocacy Program [adap.ua.edu/guardianship.html]
- Alabama WINGS (Working Interdisciplinary Network of Guardian Stakeholders) [alabamawings.alacourt.gov]
Information Last Updated: June 15, 2023
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