Alabama: Do You Automatically Become Guardian of the Estate If Appointed Guardian of the Person?

Detailed Answer

Short answer: In Alabama, being appointed guardian of the person does not automatically make you guardian of the estate. The probate court distinguishes between authority over personal/medical decisions (guardian of the person) and authority over financial matters and property (guardian of the estate or conservator). You must seek a separate appointment from the probate court to gain authority over the protected person’s assets.

What that means, step by step:

1. Two different roles: The guardian of the person is responsible for personal decisions—where the person lives, personal care, medical treatment, and daily needs. The guardian of the estate (sometimes called a conservator) handles the person’s finances—paying bills, managing bank accounts, investing assets, and filing tax returns.
2. Separate petitions and hearings: To gain control of the estate, you or someone else must file a separate petition in the probate court that has jurisdiction over the proposed ward’s estate. The court will give notice, hold a hearing, and determine whether the appointment of a guardian of the estate is necessary.
3. Letters of guardianship / letters of conservatorship: If the court appoints you to act for the person’s finances, the court will issue official written authority (often called letters of guardianship or letters of conservatorship). Those documents are what banks, employers, and other third parties will require to recognize your authority to manage assets.
4. Bonds, inventory, and accountings: Alabama probate courts typically require the guardian of the estate to post a bond (unless the court waives bond), file an inventory of the protected person’s assets, and file periodic accountings and reports showing how funds were handled. Failure to comply can produce court sanctions or removal.
5. Emergency or temporary appointments: If immediate action is needed to protect a person or property, you can ask the probate court for a temporary or emergency guardianship/conservatorship. These temporary orders are limited in time and scope and do not substitute for a full appointment without further hearing and notice.
6. Alternatives you should consider first: If the person still has capacity for financial decisions, or made advance documents, a durable power of attorney or representative payee arrangement may avoid the need for a guardianship of the estate. The court prefers less restrictive options when suitable.

Where to look in Alabama law and courts: Alabama’s probate courts handle guardianship and conservatorship matters. For the governing statutes and more detailed court rules, consult the Code of Alabama and your local probate court’s resources. The Alabama Legislature’s website (for statutory text) is here: https://www.legislature.state.al.us/. For practical court forms and procedural guidance, visit the Alabama Judicial System: https://judicial.alabama.gov/.

Practical examples (hypothetical):

• Example 1: You’re appointed guardian of an elderly parent who needs help with daily living and medical decisions. Their bank refuses to let you access accounts because you were not appointed guardian of the estate. To pay bills and manage investments, you must petition the probate court for appointment as guardian of the estate.
• Example 2: You hold a durable power of attorney that was properly executed before your sibling lost capacity. The power of attorney gives you authority over finances, so the probate court may not need to appoint a guardian of the estate. The court will consider the existence and validity of that document.

Helpful Hints

• Contact the probate court in the county where the proposed ward lives as your first step. Courts keep local procedures and forms.
• Ask whether a bond will be required and how to obtain it. Bonds often protect the ward’s assets from mismanagement.
• Prepare documentation you’ll likely need: the proposed ward’s financial statements, bank account information, deeds, a medical report about capacity, and a list of anticipated expenses.
• Consider less-restrictive alternatives first: durable power of attorney, representative payee, or a revocable trust can let someone manage finances without court guardianship.
• Keep separate records and accounts for the ward’s funds. Alabama courts expect clear accounting and strict avoidance of commingling the ward’s money with yours.
• Get legal help when in doubt. A lawyer experienced in Alabama probate and guardianship law can help with petitions, required notices, inventories, accountings, and bond requirements.
• Remember the court supervises guardianships: expect filings, periodic reports, and the possibility that interested persons can object or seek changes.

Next steps if you need the estate appointment:

1. Call the probate court clerk where the person lives and request the forms and procedure for appointing a guardian of the estate.
2. Decide whether an emergency temporary appointment is needed while you pursue a full appointment.
3. Gather financial documents and statements to support the petition.
4. Consider consulting an attorney to make sure petitions, notices, bonds, and inventories comply with Alabama law and local court practice.

Disclaimer: This article explains general principles about guardianship under Alabama law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Alabama attorney or your local probate court.