Guardianship

An image of a group of people in a government office, surrounding Governor Ivey, who is seated at a wooden desk signing papers.

Front Row (Left To Right):

Dr Graham Sisson, GOOD, George Merchant, Self Advocate, Senator Arthur Orr, Bill Sponsor, Governor Kay Ivey, Signing Bill, Mrs Kim Spangler, Arc of Alabama, Mr Colby Spangler, Self Advocate, Representative Cynthia Almond, Bill Sponsor, Mrs Anna Pritchett, AARP, Mr Lorenzo Brown, Is-Able Center.

Back Row (Left to Right):

Heidi Martin, UAB, Esq. James Tucker, ADAP, Esq.John Craft, Faulkner Law, Mr Alex Bimes, Alabama Care, Mr Tim Cooper, Arc of Alabama, Mrs Corrie Merchant, APEC, Mr Steve Spangler, Window World, Esq Gaines Brakes, Maynard-Nexsen Law, Linda Russo, UCEDD, Mrs Jennifer Rucker, People First of Shelby County, Mrs Amy Riley, Next Day Access, Mr Darryle Powell, ACDD.

The Colby Act (SB 55/HB 105) has been signed into law by Governor Ivey.

The Colby Act allows an adult to enter into a supported decision-making agreement with trusted family members, friends, or community members who will help and advise that person as they make certain important life decisions – while not impeding the person’s right to make the decisions they want.

Supported decision-making recognizes the reality that many adults, including those with disabilities, need help making decisions about how they are going to live their lives and handle things like their health care, finances, or employment, but that these persons don’t necessarily need a guardian to make these decisions for them.

The Colby Act was named after self-advocate Colby Spangler (pictured here with ADAP Executive Director James Tucker on the day of the signing ceremony). Colby, a resident of Shelby County, worked tirelessly to promote the legislation that bears his name after his own experience of successfully using supported decision-making for several years – albeit informally and without the force of law in Alabama.

If you have questions about the Colby Act and supported decision-making, please contact ADAP.  We are eager to train self-advocates, families, and the provider community about this important alternative to restrictive guardianships.

Key features of the Colby Act: 

• A voluntary option available to adults at least 18 years old.
• Focuses on important life decisions related to health care, financial decision-making, living arrangements and community engagement, education, or employment.
• Helps the person make decisions but does NOT remove the ability of the person to make the decisions they want to make.
• The person chooses who provides them with decision-making support.
• Must be memorialized in a written agreement, which can be changed or revoked as desired.

A guardianship is a creation of law. Under Alabama law, an incapacitated person is any person who has one or more of the following impairments: 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), and lacks the ability to make or communicate responsible decisions. Not every person with a disability is incapacitated. All of the previous criteria must be met.

The Alabama Disabilities Advocacy Program does NOT assist persons in obtaining guardianship over persons with disabilities. ADAP believes all persons, regardless of disability, have the right to make personal choices and help make decisions about their own lives. This includes living arrangements, personal relationships, daily activities, personal finances, and employment.

ADAP works to ensure that a person’s right to self-determination is not restricted or harmed by guardianships and conservatorships.

We represent individuals with disabilities to prevent guardianships and conservatorships.  We also work to terminate or limit existing guardianships and conservatorships.  We have addressed performance issues by guardians and conservators and have ensured the provision of due process in guardianship and conservatorship proceedings.

Additionally, we regularly provide trainings to various groups regarding guardianships and conservatorships, their effects on the rights of persons with disabilities, and alternatives to guardianships and conservatorships.

An effort to address supported decision making and guardianship.

A guardianship is a creation of law. If the court finds a guardian is needed, the court has the power to assign a guardian to a minor or an incapacitated person, potentially including a person who has a developmental disability. This pamphlet discusses guardianships over persons with disabilities.