Alabama’s seniors and family caregivers are grateful for a significant step in modernizing guardianship system

By Candi Williams, AARP Alabama State Director

It is often a difficult and heartbreaking decision. Someone in your life – either an aging parent or other loved one – is at the point where they need some help in making vital decisions about matters such as where to live, how to manage their finances, or get the right medical care. While our most vulnerable seniors may need a legal guardian or conservator appointed by the courts, others may only need a more limited approach – one that meets their individual needs.

Thanks to the state legislature, Alabama’s guardianship laws have been significantly updated for the first time since the 1980s to allow for that exact scenario. When Alabamians need help making crucial decisions due to disability, they now have an option that reflects a modern approach that is less restrictive than a traditional guardianship.

Moving from a one size fits all, cookie-cutter approach that robbed seniors and people with disabilities of their rights, independence, and dignity, the passage and signing into law of the Colby Act is an important step towards bringing Alabama’s guardianship and conservatorship laws into the 21^st century.

The Colby Act improves Alabama’s current guardianship laws by allowing an adult to enter a supported decision-making agreement with those who can assist and advise them on decisions without taking away from their own self-determination. The act also details the procedures and steps necessary to create and successfully execute a decision-making agreement and clarify the responsibilities of supporters. This act prioritizes the individual, allowing each person to create a plan that works for their lifestyle.

This long overdue modernization of Alabama’s guardianship laws is just the beginning, and AARP looks forward to continuing to work with state legislators on improvements to conservatorship and guardian laws. It not only helps protect seniors and their rights, but also supports Alabama’s 760,000 family caregivers who make it possible for older parents, spouses, and other loved ones to live independently at home – where they want to be.

Family caregivers help with everything from bathing and dressing to meals and transportation. Some even make certain legal decisions in various roles such as holding power of attorney and health care proxy. They deserve an effective, efficient, and accountable guardianship system that provides them with the tools they need to make important decisions for their loved ones.

Thank you, Alabama lawmakers, for passing the Colby Act and modernizing our guardianship laws. This fundamental first step in updating our outdated guardianship system is just the beginning, and we are eager to further the progress to ensure Alabamians needs are met without having to give up their rights.

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Alabama’s seniors and family caregivers are grateful for a significant step in modernizing guardianship system