Code of Alabama
Ala. Code § 38-9-1 (2026)
Short Title.
✓ official Alabama Legislature (ALISON) text, current July 2026
This chapter shall be known and may be cited as the Adult Protective Services Act of 1976.
(Acts 1977, No. 780, p. 1340, §1.)
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 1985–2026 · leading case: D.M.C. Enter., Inc. v. Hope, 100 So. 3d 1102 (Ala. Civ. App. 2012).
D.M.C. Enter., Inc. v. Hope, 100 So. 3d 1102 (Ala. Civ. App. 2012). “Hope subsequently amended her complaint twice to add two additional claims: one alleging exploitation of a protected person under Ala.Code 1975, § 38-9-1 et seq., the Adult Protective Services Act of 1976, and one seeking detinue based on the alleged conversion of the 2008…”
Casey v. Casey, 88 So. 3d 822 (Ala. 2012). “The circuit court has original jurisdiction over actions filed pursuant to the Adult Protective Services Act, Ala.Code 1975, § 38-9-1 et seq. The present case was not initiated in the circuit court pursuant to that Act.”
Nix v. Franklin Cnty. Dep't of Human Resources, 234 So. 3d 450 (Ala. 2017). “summary judgment entered by the Franklin Circuit Court finding that he is an adult in need of protective services under the Adult Protective Services Act of 1976, §§ 38-9-1 to -11, Ala. Code 1975 (“the Act”).”
Underwood v. Underwood, 816 So. 2d 58 (Ala. Civ. App. 2001). “pursuant to § 38-9-1 et seq., Ala. Code 1975. Section 38-9-1 et seq.”
Proctor v. Classic Auto., Inc., 20 So. 3d 1281 (Ala. Civ. App. 2009). “According to Proctor, Classic owed him a duty under the Adult Protective Services Act of 1976 (“the Act”), codified at Ala.Code 1975, 38-9-1 et seq., part of which makes it a criminal offense to “abuse, neglect, exploit, or emotionally abuse” a person protected under the Act.”
Ex parte Wendy L. Hudson PETITION FOR WRIT OF MANDAMUS (In re: Wendy Hudson v. Gary Hudson) (Madison Circuit Court: DR-25-3131) (Ala. Civ. App. 2025). “orably for the rule that "visitation may not be awarded to the parent of an adult 2We also recognize that a circuit court has concurrent jurisdiction with a probate court to order protective services for a disabled or incapacitated adult in need of care and protection because of…”
Meg M. Jamison, individually & as Pers. Rep. of the Est. of John W. Jamison III v. SNH AL Crimson Tenant, Inc., d/b/a Morningside of Vestavia Hills & Five Star Senior Living Cmty. (Appeal from Jefferson Circuit Court: CV-22-902146). (Ala. 2024). “First, on September 28, 2018, DHR filed, pursuant to the Adult Protective Services Act, § 38-9-1 et seq., Ala. Code 1975, a petition in the circuit court alleging that John needed emergency protective placement ("the adult-protective-services action").”
Hammonds v. Montgomery Child.'s Specialty Ctr., LLC (M.D. Ala. 2022). “Code § 38-9-1 , is intended to protect “adult citizens of the state who, because of the infirmities of age, disabilities or like incapacities, are in need of protective services” from “exploitation, neglect, abuse and degrading treatment,” Ala.”
Barbara Tanzer v. Alabama Dep't of Human Resources (Ala. 2026). “" On April 15, 2024, the Alabama Department of Human Resources ("DHR") filed a petition with the probate court, pursuant to the Adult Protective Services Act ("the APSA"), § 38-9-1 et seq., Ala. Code 1975, alleging that Barbara, who was then 82 years old, was an "adult in need…”
Tillery v. State Dep't of Pensions & Sec., 481 So. 2d 386 (Ala. Civ. App. 1985). “This is an appeal from action by the trial court pursuant to the Adult Protective Services Act of 1976, Ala. Code (1975), §§ 38-9-1 to -11. The Chambers County Department of Pensions and Security (D.”
Gay v. Hubbard, 678 So. 2d 1156 (Ala. Civ. App. 1996). “After a hearing, the trial court ruled that Morgan was an adult in need of protective services, pursuant to § 38-9-1 et seq., Ala.Code 1975. Owen was appointed conservator of Morgan’s estate, and Morgan’s sister, Nettie Patterson, was appointed as guardian of her person.”
Jones v. Living Centers Holding Co., 695 So. 2d 1194 (Ala. Civ. App. 1997). “Living Centers reported Jones’s alleged conduct to the Alabama Department of Human Resources, as required by the Adult Protective Services Act, §§ 38-9-1 through -11, Ala.Code 1975 (“APSA”).”
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