Alabama § 26-2A-107.1

§ 26-2A-107.1.

(a) Either at the court’s discretion after a petition has been filed under this division or on petition by a person interested in the adult’s welfare, including, but not limited to, a hospital as defined in Section 22-21-20, the court may appoint a temporary guardian or emergency guardian for an adult if the court finds all of the following:

(1) The appointment of a temporary guardian or emergency guardian is likely to prevent substantial harm to the adult’s physical health, safety, or welfare.

(2) No other person appears to have the authority and the willingness to act in the circumstances.

(3) There is reason to believe that a basis for appointment of a guardian under Section 26-2A-102 exists.

(b)(1) Immediately upon the filing of a petition for appointment of a temporary guardian or emergency guardian of an adult and if a guardian ad litem has not been appointed to represent the respondent, the court shall appoint a guardian ad litem to represent the respondent in the proceeding.

(2) Except as otherwise provided in subsection (d), the court shall provide notice of the date, time, and place of a hearing on a petition for appointment of a temporary guardian or emergency guardian of an adult not later than five days before the time set for the hearing to all of the following parties:

a. The respondent.

b. The respondent’s guardian ad litem and attorney.

c. Any other person that the court determines is an appropriate party to the hearing.

(c)(1) The duration of authority of a temporary guardian for an adult may not exceed 60 days. A temporary guardian may exercise only the powers specified in the order of appointment.

(2) Prior to the expiration of the duration of authority granted to a temporary guardian for an adult under subdivision (1), the duration of authority of a temporary guardian for an adult may be extended for a second term of not more than 60 days without a hearing, provided that the court finds both of the following:

a. The conditions for appointment of a temporary guardian in subsection (a) continue.

b. It is in the best interest of the respondent to continue the appointment.

(3) Prior to the expiration of the second or any subsequent term of the duration of authority granted to a temporary guardian under subdivision (2), the authority of a temporary guardian for an adult may be extended for a third or subsequent term of not more than 60 days upon hearing and upon the court finding that there is good cause to extend the temporary appointment. Notice of the date, time, and place of the hearing to extend the temporary appointment shall be given in accordance with the requirements of subsection (b).

(d)(1) The court may appoint an emergency guardian for an adult without providing notice to the adult, the adult’s guardian ad litem, or any attorney for the adult only if the court finds from an affidavit or testimony that the adult’s physical health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held.

(2) The duration of authority of an emergency guardian for an adult may not exceed 10 days. The emergency guardian may exercise only the powers specified in the order of appointment.

(3) If the court appoints an emergency guardian without giving notice under subsection (b), the court must do each of the following:

a. Give notice of the appointment of the emergency guardian not later than 48 hours after the appointment to:

1. The respondent;

2. The respondent’s guardian ad litem and attorney, if any; and

3. Any other person that the court determines is an appropriate party to the hearing.

b. Hold a hearing on the appropriateness of the emergency appointment not later than 10 days after the appointment, with notice of the date, time, and place of the hearing given at least five days before the time set for the hearing to those persons listed in paragraph a.

(4) At the conclusion of the hearing on the emergency appointment, the court may do any of the following:

a. Appoint a temporary guardian for the adult.

b. Terminate the emergency guardianship without appointment of a temporary guardian.

c. Grant such other relief as may be proper.

(e) The appointment of a temporary guardian or emergency guardian under this section is not a determination that a basis exists for appointment of a guardian under Section 26-2A-102.

(f) The court may remove a temporary guardian or emergency guardian appointed under this section at any time.

(g) The court may order a temporary guardian or emergency guardian to file a written report, the contents of which may be determined by the court. A temporary guardian or emergency guardian shall make any report the court requires.

(h) No county sheriff shall be appointed as a temporary guardian or emergency guardian pursuant to this section unless the county sheriff consents and accepts the appointment as temporary guardian or emergency guardian.