Summary
The Alabama Supreme Court grants a petition for a writ of mandamus challenging a circuit court's removal of a guardianship and conservatorship proceeding from the probate court. The Court holds that removal under Alabama Code § 26-2-2 is premature unless the probate court has acted on the petition and created a guardianship or conservatorship subject to administration or conduct. The circuit court is directed to vacate its removal order, lift its stay, and dismiss the removal petition.
Topics
Practice areas
Questions Presented
- Whether the Jefferson Circuit Court had subject-matter jurisdiction under Alabama Code § 26-2-2 to remove a guardianship or conservatorship proceeding from the probate court before the probate court had acted on the petition for appointment.
- Whether mandamus was an appropriate remedy to review the circuit court's subject-matter jurisdiction.
Holdings
- The filing of a petition for letters of guardianship or conservatorship does not begin the administration or conduct of a guardianship or conservatorship. The probate court must act on the petition and create the guardianship or conservatorship before the proceeding may be removed to the circuit court.
- The circuit court lacked subject-matter jurisdiction to remove the guardianship proceeding because no guardianship or conservatorship had yet been created in the probate court.
- Mandamus was appropriate because subject-matter jurisdiction is reviewable by mandamus and the petitioners established that the circuit court lacked jurisdiction to enter the removal order.
Key quotations
“The filing of a petition for letters of guardianship or conservatorship does not begin “[t]he administration or conduct of [the] guardianship or conservatorship”; rather, the probate court must act upon the petition before the guardianship or conservatorship may by subject to removal to the circuit court.” (829)
“For the foregoing reasons, the circuit court lacked subject-matter jurisdiction to remove the guardianship proceeding from the probate court.” (831)
Factual background
James G. Casey, Sr., and Julie Toner petitioned the Jefferson Probate Court for letters of guardianship and conservatorship concerning Jo Ann Casey. The probate court appointed court representatives and ordered medical examinations, but had not determined that Jo Ann was incapacitated or appointed a guardian or conservator when Jo Ann sought removal to the circuit court. The circuit court granted removal under Alabama Code § 26-2-2 even though the probate court proceeding remained a pending petition for appointment rather than an existing guardianship or conservatorship.
Procedural history
James Casey, Sr., and Julie Toner filed a petition in the Jefferson Probate Court seeking appointment as Jo Ann Casey's guardians and conservators. Before the probate court entered an order determining that Jo Ann was incapacitated or appointing a guardian or conservator, Jo Ann petitioned the Jefferson Circuit Court to remove the proceeding under Alabama Code § 26-2-2. The circuit court granted removal and stayed the probate proceeding. The Alabama Supreme Court stayed further proceedings, granted mandamus relief, and directed the circuit court to vacate its removal order, lift the stay, and dismiss the removal petition.
Remand instructions
The circuit court was ordered to vacate its February 10, 2011, removal order, lift its stay of the guardianship proceeding, and dismiss the removal petition.