Ala. Code » Title 26 · Chapter 2A · Article 1

Ala. Code § 26-2A-20

General Definitions

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Section 26-2A-20

General Definitions.

As used in this chapter the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after the appointment of a conservator, including expenses of administration.

(2) 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).

(3) COURT. A probate court of this state.

(4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding who is trained in law, nursing, or social work, is an officer, employee, or special appointee of the court, and has no personal interest in the proceeding.

(5) DISABILITY. Cause for a protective order as described in Section 26-2A-130.

(6) ESTATE. Includes the property of the person whose affairs are subject to this chapter.

(7) 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.

(8) 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.

(9) LEASE. Includes an oil, gas, or other mineral lease.

(10) LETTERS. Includes letters of guardianships and letters of conservatorship.

(11) MINOR. A person who is under 19 years of age and has not otherwise had the disabilities of minority removed.

(12) MORTGAGE. Any conveyance, agreement, or arrangement in which property is used as collateral.

(13) ORGANIZATION. Includes a corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, government, governmental subdivision or agency, or any other legal entity.

(14) PARENT. Includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.

(15) PERSON. An individual or an organization, unless the context otherwise requires.

(16) PETITION. A written request to the court for an order after notice.

(17) PROCEEDING. Includes action at law and suit in equity.

(18) PROPERTY. Includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(19) PROTECTED PERSON. A minor or other person for whom a conservator has been appointed or other protective order has been made as provided in Sections 26-2A-136 and 26-2A-137.

(20) PROTECTIVE PROCEEDING. A proceeding under the provisions of Article 2, Division 3.

(21) SECURITY. Includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.

(22) WARD. A person for whom a guardian has been appointed. A “minor ward” is a minor for whom a guardian has been appointed solely because of minority.

(Acts 1987, No. 87-590, p. 975, §1-201.)

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Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1994–2025 · leading case: Casey v. Casey
Sort: Relevance Newest Treatment
Casey v. Casey (2012) ala · cites it 4× “, estate) of a minor or of an incapacitated person, which is referred to as a "conservatorship” under the AUGPPA, see Ala.Code 1975, § 26-2A-20(2)(defining "conservator”).”
Allen v. Scott (In re Scott) (2012) alnb · cites it 4× “” Ala.Code 1975, § 26-2A-20. . Ala.Code 1975, § 26-2A-136, entitled "Permissible Court Orders” includes, "The court shall exercise the authority conferred in this division to encourage the development of maximum self-reliance and independence of a protected person and make…”
Brown v. Williamson (2001) almd · cites it 2× “Code § 26-2A-20(8). Although it is not absolutely clear, it appears that a putative Alabama plaintiff can be determined by a court to lack capacity to sue despite the fact that such plaintiff has not been officially adjudicated incompetent.”
Estate of Goree v. Commissioner (1994) tax · cites it 2× “Alabama law authorizes the Probate Court to provide for the management, conservation, and control of the estate of a minor through either the appointment of a conservator for the minor's estate or by any protective order the court deems necessary.”
Beam v. Taylor (2014) ala “I further note that even though § 26-2A-20(3), Ala.Code *578 1975, the definition section of the Alabama Uniform Guardianship and Protective Proceedings Act, § 26-2A-1 et seq.”
Hoff v. Goyer (2014) alacivapp “…. Kidd was deceased at the time the complaint was filed. Before her death, she had been a protected person. See § 26-2A-20(19), Ala.Code 1975.”
Doe v. RHOC Inc (2023) alnd “The Probate Court of Tuscaloosa County, Alabama has declared that he is “an incapacitated person within the meaning of the Ala[bama] Code, Section 26-2A-20(8), in that he is impaired by reason of mental deficiency and mental illness, to the extent of lacking sufficient…”
Keith Michael Corson (2021) nhb “See Ala. Code 1975, § 26-2A-20(7) (defining ‘guardian’ to exclude ‘one who is merely a guardian ad litem’), and § 12-15-102(17) (defining ‘legal guardian’ to exclude a guardian ad litem).”
Justin Trevon Alexander (2024) almb “CODE § 26-2A-20(8). Ms. Alexander’s testimony, combined with the representations of counsel for the Debtor and counsel for the Chapter 13 Trustee, establish the Debtor’s incompetency solely for purposes of Rule 1004.”
Ex parte Wendy L. Hudson PETITION FOR WRIT OF MANDAMUS (In re: Wendy Hudson v. Gary Hudson) (Madison Circuit Court: DR-2 (2025) alacivapp “" § 26-2A-20, Ala. Code 1975. The mother has alleged that "[t]here is a pending proceeding in probate court to address conservatorship or guardianship over [the adult son].”
Sharp v. Hanceville Nursing Home, Inc. (1998) alacivapp · cites it 2× “…1975, § 26-2A-1 et seq., contemplates the appointment of a conservator “to manage the estate of a protected person.” Ala.Code 1975, § 26-2A-20(2).”
— Ala. Code § 26-2A-20(19) — 1 case
Hoff v. Goyer (2014) alacivapp “…. Kidd was deceased at the time the complaint was filed. Before her death, she had been a protected person. See § 26-2A-20(19), Ala.Code 1975.”
— Ala. Code § 26-2A-20(2) — 2 cases
Casey v. Casey (2012) ala “, estate) of a minor or of an incapacitated person, which is referred to as a "conservatorship” under the AUGPPA, see Ala.Code 1975, § 26-2A-20(2)(defining "conservator”).”
Sharp v. Hanceville Nursing Home, Inc. (1998) alacivapp “…1975, § 26-2A-1 et seq., contemplates the appointment of a conservator “to manage the estate of a protected person.” Ala.Code 1975, § 26-2A-20(2).”
— Ala. Code § 26-2A-20(3) — 1 case
Beam v. Taylor (2014) ala “I further note that even though § 26-2A-20(3), Ala.Code *578 1975, the definition section of the Alabama Uniform Guardianship and Protective Proceedings Act, § 26-2A-1 et seq.”
— Ala. Code § 26-2A-20(7) — 2 cases
Casey v. Casey (2012) ala “, estate) of a minor or of an incapacitated person, which is referred to as a "conservatorship” under the AUGPPA, see Ala.Code 1975, § 26-2A-20(2)(defining "conservator”).”
Keith Michael Corson (2021) nhb “See Ala. Code 1975, § 26-2A-20(7) (defining ‘guardian’ to exclude ‘one who is merely a guardian ad litem’), and § 12-15-102(17) (defining ‘legal guardian’ to exclude a guardian ad litem).”
— Ala. Code § 26-2A-20(8) — 3 cases
Brown v. Williamson (2001) almd “Code § 26-2A-20(8). Although it is not absolutely clear, it appears that a putative Alabama plaintiff can be determined by a court to lack capacity to sue despite the fact that such plaintiff has not been officially adjudicated incompetent.”
Doe v. RHOC Inc (2023) alnd “The Probate Court of Tuscaloosa County, Alabama has declared that he is “an incapacitated person within the meaning of the Ala[bama] Code, Section 26-2A-20(8), in that he is impaired by reason of mental deficiency and mental illness, to the extent of lacking sufficient…”
Justin Trevon Alexander (2024) almb “CODE § 26-2A-20(8). Ms. Alexander’s testimony, combined with the representations of counsel for the Debtor and counsel for the Chapter 13 Trustee, establish the Debtor’s incompetency solely for purposes of Rule 1004.”
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