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Legal Information: Alabama

Statutes: Alabama

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Updated: 
January 6, 2020

38-9F-6. Sworn petition for relief on behalf of elderly person

(a) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff:

(1) A court appointed guardian. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s guardian.

(2) A court appointed conservator. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s conservator.

(3) A temporary guardian appointed pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s temporary guardian.

(4) An agent, co-agent, or successor agent appointed under the plaintiff’s validly executed power of attorney who acts within the authority of the power of attorney. The petition shall include a copy of the power of attorney.

(5) A health care proxy appointed under the plaintiff’s validly executed Advance Directive for Health Care, or similar document, who acts within the authority of the designation. The petition shall include a copy of the Advance Directive for Health Care or similar document.

(6) An interested person who has the authority to petition for protective placement or other protective services under Section 38-9-6.

(b) A sworn petition shall allege the incidents of abuse and the specific facts and circumstances that form the basis upon which relief is sought.

(c) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerk’s offices throughout the state. A circuit clerk shall not be required to provide assistance to individuals in completing the forms or in presenting the petitioner’s case to the court.

(d) The elderly person for whom the petition is filed must be served with the petition pursuant to the Alabama Rules of Civil Procedure.

(e) The court may not assess court costs or other fees for the filing or service of a petition or the issuance of a witness subpoena under this chapter against a petitioner or plaintiff. Costs and fees may be assessed against the defendant at the discretion of the court.