AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor or other person if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests.
(Acts 1987, No. 87-590, p. 975, §1-403.)
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1988–2024 · leading case:
Ex Parte Anonymous, 531 So. 2d 901 (Ala. 1988).
Ex Parte Anonymous, 531 So. 2d 901 (Ala. 1988).
· cites it 2× “, in Ala. Code 1975, §§ 26-2A-52 and 12-15-8. We *905 hold that the attorney to be appointed under the parental consent act is to be a guardian ad litem, and that future appointments should be so designated and shall entail the responsibilities attendant to such appointments.”
Roberts v. Roberts, 189 So. 3d 79 (Ala. Civ. App. 2015).
· cites it 2× “See § 26-2A-52, Ala.Code 1975, and Rule 17, Ala.”
Sears v. Hampton, 143 So. 3d 151 (Ala. 2013).
“However, we further note that § 26-2A-52, Ala.Code 1975, allows the probate court to appoint a guardian ad litem “[a]t any time in a proceeding.”
Thomson v. Shepard, 225 So. 3d 627 (Ala. Civ. App. 2016).
“*633 The husband first argues that the trial court erred by appointing the guardian ad litem and ordering him to pay a portion of her fee. “Generally, a trial court has the authority to appoint a guardian ad litem to represent a child in a divorce proceeding and to order a…”
Gess v. United States, 909 F. Supp. 1426 (M.D. Ala. 1995).
“In relevant portion, Alabama and California's Rule 17 mirrors its federal counterpart. Finally, a guardian ad litem may be appointed at any time to ensure that the rights of a minor are properly vindicated and adequately considered.”
Pepper v. Bentley, 59 So. 3d 684 (Ala. Civ. App. 2008).
“Code 1975, also provides: "At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor or other person if the court determines that representation of the interest otherwise would be inadequate.”
Blocton v. McNair, 675 So. 2d 452 (Ala. Civ. App. 1996).
· cites it 3× “Code 1975, § 26-2A-52 provides: “At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor or other person if the court determines that representation of the interest otherwise would be inadequate.”
Tamera Erskine v. J. Kenneth Guin, Jr., 384 So. 3d 583 (Ala. 2023).
“Because § 26-2A-52, Ala. Code 1975, which is part of the AUGPPA, provides that, "[a]t any point in a proceeding, a 30 1200401 and 1210153 court may appoint a guardian ad litem to represent the interest of a minor or other person if the court determines that representation of the…”
Sharp v. Hanceville Nursing Home, Inc., 719 So. 2d 243 (Ala. Civ. App. 1998).
“Alabama’s statutory authority for the appointment of a guardian ad litem for an incompetent adult is found at § 26-2A-52, Ala.Code 1975, which provides that a court may appoint a guardian ad litem to protect the interests of a person where that person’s representation may…”
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