Alabama § 26-2A-104 Who May Be Guardian; Priorities

Alabama Statutes

§ 26-2A-104 — Who May Be Guardian; Priorities

Alabama § 26-2A-104

JurisdictionAlabama

Title 26Infants and Incompetents

Ch. 2AAlabama Uniform Guardianship and Protective Proceedings Act

Art. 2Protection of Persons Under Disability and Their Property

Div. 2Guardians of Incapacitated Persons

This text of Alabama § 26-2A-104 (Who May Be Guardian; Priorities) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 26-2A-104 (2026).

Text

(a)Any qualified person may be appointed guardian of an incapacitated person.

(b)Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination in a durable power of attorney.

(c)Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed:

(1)The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;

(2)An adult child of the incapacitated person;

(3)A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Any qualified person may be appointed guardian of an incapacitated person.
(b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination in a durable power of attorney.
(c) Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person;
(3) A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least two witnesses or acknowledged;
(4) Any relative of the incapacitated person with whom the person has resided for more than six months prior to the filing of the petition; and
(5) A person nominated by the person who is caring for or paying for the care of the incapacitated person.
(d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person may pass over a person having priority and appoint a person having a lower priority or no priority.