JUDICIAL |
ALABAMA GUARDIANS
WHAT IS A GUARDIAN: A guardian is the parent of a minor or someone who has been appointed by the Probate Court to be responsible for the personal care of an individual. WHAT IS A WARD? Legal name for a person for whom a guardian has been appointed. WHO CAN BE A GUARDIAN FOR AN ADULT? Any qualified person may be appointed. However, the law establishes the following priorities:
WHO CAN BE GUARDIAN FOR A CHILD? The Probate Court may appoint any person who will act in the best interest of the minor. However, if the minor is 14 years old or older, the minor's nominee must be appointed unless the appointment is contrary to the minor's best interest. Also, a parental nomination has priority. CAN A PARENT APPOINT A GUARDIAN? Yes, in a will a parent may appoint a guardian for a minor child or for an unmarried incapacitated child. CAN A SPOUSE APPOINT A GUARDIAN? Yes, in a will a person may appoint a guardian for his or her incapacitated spouse. WHAT ARE THE POWERS OF A GUARDIAN?
(Probate Court may limit powers of guardianship) WHEN DOES A GUARDIANSHIP END?
(Probate Court may limit powers of guardianship) AM I REQUIRED TO HAVE A LAWYER? The legal complexity of guardianships and conservatorships normally necessitates having an attorney since the Judge of Probate cannot advise you of the law or provide you with forms. WHAT IS THE DIFFERENCE BETWEEN A GUARDIAN AND A CONSERVATOR? The guardian is a person who looks after the child or incapacitated person and their welfare while a conservator is responsible for safeguarding the assets of a child or incapacitated person. WHAT ARE THE STEPS FOLLOWED IN APPOINTING A GUARDIAN OR CONSERVATOR FOR AN ADULT?
IS A BOND REQUIRED? No. IS AN INVENTORY REQUIRED? No. ARE ACCOUNTINGS REQUIRED? No. ************************************************************ THIS INFORMATION PAGE, WHICH IS BASED ON ALABAMA LAW, IS TO INFORM AND NOT TO ADVISE. NO PERSON SHOULD EVER APPLY OR INTERPRET ANY LAW WITHOUT THE AID OF A LAWYER WHO ANALYZES THE FACTS, BECAUSE THE FACTS MAY CHANGE THE APPLICATION OF THE LAW. BACK | HOME |