Detailed Answer
Under Alabama law, you can seek guardianship or conservatorship for an adult who cannot manage personal or financial affairs due to incapacity. A guardian makes decisions about health care, living arrangements and personal care. A conservator handles financial matters such as paying bills, managing investments and filing taxes.
1. Determine Incapacity
File a petition in the circuit court of the county where the proposed ward lives. Attach a medical certificate confirming incapacity. See Ala. Code § 26-3-1 for definitions of incompetency (Title 26, Chapter 3).
2. File a Petition
The petitioner (usually a close relative) completes a form stating the ward’s name, relationship and reasons for guardianship or conservatorship. Submit the petition and certificate to the court clerk as required by Ala. Code § 26-3-2.
3. Notify Interested Parties
Serve the petition and notice of hearing on the proposed ward, spouse, adult children and any appointed agent under a power of attorney. Alabama law requires notice at least 10 days before the hearing (Ala. Code § 26-3-6).
4. Court Investigation and Guardian ad Litem
The court appoints a guardian ad litem to interview the ward and report on his or her needs. The court may also appoint a probate investigator to ensure the ward’s rights are protected.
5. Court Hearing
At the hearing, the petitioner presents medical testimony of incapacity. The proposed ward may object or present evidence. The judge weighs testimony, the guardian ad litem’s report and the ward’s best interests.
6. Appointment and Bond
If the judge finds incapacity, the court issues letters of guardianship or conservatorship. The appointed fiduciary must post a bond protecting the ward’s estate and file an acceptance with the court.
7. Ongoing Duties
The guardian or conservator must file an initial inventory and annual reports detailing personal care plans or financial transactions. Failure to report can lead to removal.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your situation.
Helpful Hints
- Consult a probate attorney early to navigate complex filings.
- Gather medical records and financial statements before filing.
- Consider limited guardianship or conservatorship if the ward can still make some decisions.
- Keep detailed records of all decisions, expenses and correspondence.
- Understand court fees and bond requirements vary by county.
- Plan for periodic court reviews and potential modifications.