(a) The term “developmentally disabled” person, means a person whose impairment of general intellectual functioning or adaptive behavior meets the following criteria:
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Terms Used In Alabama Code 12-13-21
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: means next after. See Alabama Code 1-1-1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- Probate: Proving a will
The court may appoint as guardian for a developmentally disabled person any suitable person or agency, public or private, including a private association or nonprofit corporation capable of conducting an active guardianship program for a developmentally disabled person. The court shall not appoint the Department of Mental Health as guardian or any other agency, public or private, that is directly providing services to the developmentally disabled person.
(c) A petition for the appointment of a guardian for an individual who is developmentally disabled may be filed with the probate court by an interested person or entity or by the individual. “Interested person or entity” shall mean an adult relative or friend of the respondent, an official or private agency, corporation, or association concerned with the person’s welfare, or any other person found suitable by the court.
