(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:
(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.
Structure Code of Alabama
Title 26 - Infants and Incompetents.
Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.
Article 2 - Protection of Persons Under Disability and Their Property.
Division 2 - Guardians of Incapacitated Persons.
Section 26-2A-100 - Appointment of Guardian for Incapacitated Person by Will or Other Writing.
Section 26-2A-102 - Court Appointment of Guardian for Incapacitated Person.
Section 26-2A-103 - Notice in Guardianship Proceeding.
Section 26-2A-104 - Who May Be Guardian; Priorities.
Section 26-2A-104.1 - Corporations as Guardians for Developmentally Disabled.
Section 26-2A-105 - Findings; Order of Appointment.
Section 26-2A-106 - Acceptance of Appointment; Consent to Jurisdiction.
Section 26-2A-107 - Emergency Orders; Temporary Guardians.
Section 26-2A-108 - General Powers and Duties of Guardian.
Section 26-2A-109 - Termination of Guardianship for Incapacitated Person.
Section 26-2A-110 - Removal or Resignation of Guardian; Termination of Incapacity.
Section 26-2A-111 - Proceedings Subsequent to Appointment; Venue.