Alabama's Seniors Deserve a Modernized Guardianship System

As AARP Alabama looks ahead to the 2026 legislative session, we will once again be advocating for modernization of Alabama's outdated guardianship system.

It is often a difficult and heartbreaking decision. Someone in your life – usually an aging parent or other loved one – is at the point where they need some help in making vital decisions about matters such as where to live, how to manage their finances, or get the right medical care. While our most vulnerable seniors may need a legal guardian or conservator appointed by the courts, others may only need a more limited approach – one that allows them other less restrictive alternatives to still meet their individual needs.

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Unfortunately, Alabama’s current guardianship laws are outdated, relying on a one size fits all, cookie-cutter approach that often robs seniors and people with disabilities of their rights, independence, and dignity. Recent news headlines about guardianship arrangements gone wrong have brought more public attention to this mostly hidden topic.

Alabama’s guardianship laws have not undergone a major revision since the 1980s. Stories of overly restrictive and even abusive use of current guardianship laws are among the many reasons why AARP strongly supports passage of the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act (UGCOPAA) in Alabama. The UGCOPAA would modernize Alabama’s current guardianship laws by addressing several critically needed reforms, including:

• Prohibiting a court from issuing a full guardianship order when a less restrictive alternative is available and appropriate for the individual, such as a supported decision-making arrangement or technological assistance;
• Requiring that each person under guardianship have an individualized plan that considers the person’s preferences and values;
• Clarifying the legal duties of the guardian, including that the guardian must make the best decision for the individual under their care that they reasonably believe the person would make on their own unless doing so would cause harm;
• Clarifying that the guardian must promote self-determination to the extent possible and encourage the individual’s participation in decisions;
• Combating abuse and exploitation by, among other things, forbidding a guardian to restrict communication or visits from family and friends unless the court orders otherwise.