Guardianships

A guardian is the parent of a minor or someone appointed by the probate court to be responsible for the personal care of an individual. A ward is the legal name for a person to whom a guardian was appointed. The probate court will consider the following persons, in priority order, to serve as a guardian for an adult:

• Person named in a durable power of attorney
• Spouse or spouse’s nominee
• Adult child
• Parent of parent’s nominee
• Relative with whom person has lived the prior 6 months
• Nominee of caretaker of person

Guardianships are different than conservatorships because the guardian looks after a person and his or her welfare while a conservator safeguards a person’s estate. The duties and powers of a guardian include:

• Take reasonable care of ward’s personal effects
• Reports the condition of the ward to the court
• May consent to medical care
• Use ward’s money for current needs or health, support, education and maintenance
• Protects excess money
• May take custody of ward and establish a home
• Assumes responsibilities of a parent regarding support, care and education
• May receive limited funds for support of ward
• May compel payment of support
• May consent to marriage or adoption
• May delegate certain responsibilities to the ward for the decision making
• Court may limit powers of guardianship

In Alabama, appointment of guardian requires the following steps:

• File petition for appointment of guardian
• Appointment of a guardian ad litem to represent alleged incapacitated person
• Examination by physician
• Appointment of court’s representative
• Hearing
• Jury at hearing if demanded
• Bond, if necessary
• Order granting petition
• Inventory of property for guardian
• Letters of guardianship granted by court

​If you have questions about filing a petition for a guardianship, contact Lindsey Eastwood for a consultation.

​​Probate & Elder Law
Estate Administration
Conservatorships
Guardianships
Powers of Attorney
Special Needs Trusts

---