(a) In a proceeding for the appointment of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment of a temporary guardian, notice of hearing must be given to each of the following:
Terms Used In Alabama Code 26-2A-103
- conservator: A person who is appointed by a court to manage the estate of a protected person and includes a limited conservator described in Section 26-2A-148(a). See Alabama Code 26-2A-20
- court: A probate court of this state. See Alabama Code 26-2A-20
- following: means next after. See Alabama Code 1-1-1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- guardian: A person who has qualified as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination or court appointment and includes a limited guardian as described in Sections 26-2A-78(e) and 26-2A-105(c), but excludes one who is merely a guardian ad litem. See Alabama Code 26-2A-20
- INCAPACITATED PERSON: Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions. See Alabama Code 26-2A-20
- person: An individual or an organization, unless the context otherwise requires. See Alabama Code 26-2A-20
- petition: A written request to the court for an order after notice. See Alabama Code 26-2A-20
- proceeding: Includes action at law and suit in equity. See Alabama Code 26-2A-20
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- ward: A person for whom a guardian has been appointed. See Alabama Code 26-2A-20
(1) The person alleged to be incapacitated, her or his spouse (if any), and adult children, or if none, parents;
(2) Any person who is serving as guardian, conservator, or who has the care and custody of the person alleged to be incapacitated;
(3) In case no other person is notified under paragraph (1), at least one of the nearest adult relatives residing in this state, if any can be found; and
(4) Any other person as directed by the court.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given to the ward, the guardian, and any other person as ordered by the court.
(c) Notice must be served personally on the alleged incapacitated person. Notices to other persons as required by subsection (a)(1) must be served personally if the person to be notified can be found within the state. In all other cases, required notices must be given as provided in Section 26-2A-50.
(d) The person alleged to be incapacitated may not waive notice.
