§ 26-2B-204 — Special Jurisdiction

Alabama § 26-2B-204

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 2B: Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
• Art. 2: Jurisdiction

Text

(a) A court of this state lacking jurisdiction under Section 26-2B-203 has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(2) issue a protective order with respect to real or tangible personal property located in this state;
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 26-2B-301.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
(c) The court may entertain successive petitions based upon its special jurisdiction under this section provided that the court receives no request for dismissal from the court of the respondent’s home state and the court determines that the need for guardianship or conservatorship or both under this section continues.

Legislative History

(Act 2010-500, p. 782, §1.)