Infants and Incompetents.

Ala. Code tit. 6, ch. 7, art. 8

in effect

Ala. Code § 6-7-100 Substitution Pending an Action - Guardian for Next Friend.

6-7-100. Substitution Pending an Action - Guardian for Next Friend. If the action is not for a personal injury to the ward, whether the ward is a minor or a person of unsound mind, on the appointment of a guardian pending an action, such guardian may, on application, be substituted for the next friend, and the action must proceed in the name of the guardian for the use of the ward. (Code 1867, §2528; Code 1876, §2895; Code 1886, §2581; Code 1896, §19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)

Ala. Code § 6-7-101 Substitution Pending an Action - Death of Ward.

6-7-101. Substitution Pending an Action - Death of Ward. If, pending an action, a ward should die, his or her personal representative may be made the party plaintiff or, if the nature of the case requires it, his or her heirs may be made parties plaintiff upon a motion served, as provided in the Alabama Rules of Civil Procedure. (Code 1852, §2132; Code 1867, §2526; Code 1876, §2893; Code 1886, §2582; Code 1896, §20; Code 1907, §2479; Code 1923, §5689; Code 1940, T. 7, §105.)

Ala. Code § 6-7-102 Actions Against Guardians of Persons of Unsound Minds.

6-7-102. Actions Against Guardians of Persons of Unsound Minds. The guardian of a person of unsound mind may have an action commenced against him on any contract made by the ward, for any tort committed by him while of sound mind or for necessaries furnished him or his family before the appointment of a guardian. (Code 1867, §2432; Code 1876, §2795; Code 1886, §2583; Code 1896, §21; Code 1907, §2480; Code 1923, §5690; Code 1940, T. 7, §106.)

Ala. Code § 6-7-103 Action for Improper Appointment of Guardians Ad Litem; Statute of Limitations Thereon; Liability for Suggestion of Appointment by Plaintiff, Etc.

6-7-103. Action for Improper Appointment of Guardians Ad Litem; Statute of Limitations Thereon; Liability for Suggestion of Appointment by Plaintiff, Etc. (a) Any judge, register, clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure, shall be liable to a penalty of $200, which may be recovered by such infant or non compos mentis, or his next friend suing for him, in an action in any court having jurisdiction of civil actions for such amount. Such a claim shall not be barred by the statute of limitations until after two years after the arrival of the infant at the age of 19 years or the restoration of the non compos mentis to sanity. (b) Any plaintiff or petitioner, his attorney, or counsel, or any person for him who shall suggest or nominate a guardian ad litem in any action commenced by such plaintiff or petitioner shall be liable to the same penalty and action as provided for in subsection (a) of this section. (Code 1907, §§4483, 4484; Code 1923, §§8257, 8258; Code 1940, T. 7, §§178, 179.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026