Code of Alabama

Ala. Code § 26-2A-148 (2026)

Conservators; Title by Appointment.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) The appointment of a conservator vests in the conservator title as trustee to all property, or to the part thereof specified in the order, of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person. Appointment of a conservator does not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers to Minors Act, or a valid durable power of attorney, except on order of the court. An order specifying that only a part of the property of the protected person vests in the conservator creates a limited conservatorship.

(b) Except as otherwise permitted herein, the interest of the protected person in property vested in a conservator by this section is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim for restitution or damages which, subject to presentation and allowance, may be satisfied as provided in Section 26-2A-156.

(Acts 1987, No. 87-590, p. 975, §2-319.)

Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: Allen v. Scott (In re Scott), 481 B.R. 119 (Bankr. N.D. Ala. 2012).
Allen v. Scott (In re Scott), 481 B.R. 119 (Bankr. N.D. Ala. 2012). · cites it 11× “Ala.Code 1975, § 26-2A-148. 63 3) Powers Bestowed on the Defendant As discussed in the Guardian and Conservator section of this opinion, the probate court bestowed broad powers on the defendant.”
Ala. Code § 26-2A-148(a): 1 case
Allen v. Scott (In re Scott), 481 B.R. 119 (Bankr. N.D. Ala. 2012). “Ala.Code 1975, § 26-2A-148. 63 3) Powers Bestowed on the Defendant As discussed in the Guardian and Conservator section of this opinion, the probate court bestowed broad powers on the defendant.”
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