Conservatorships

Probate law is one of the most rewarding areas of our firm's practice, and conservatorships are among the most important probate legal tools to safeguard the property of an incapacitated person. Lindsey Eastwood Law is knowledgeable about the procedures for creating a conservatorship and can help you and your loved protect his or her assets.

A conservator is a person appointed by the probate court to manage the property of a minor or incapacitated person. An incapacitated person (also referred to as a “ward” in the context of a conservatorship) is one who is unable to manage property and business affairs because of a mental illness, mental deficiency, chronic intoxication, chronic use of drugs, infirmities accompanying advanced age, physical illness, or other like reason.

A family member or any interested person may serve as a conservator. The probate court will consider the following persons, in priority order, for appointment as a conservator:

Conservator appointed in another jurisdiction
Person selected by incapacitated person
Person designated by incapacitated person’s power of attorney
Spouse
Adult child
Parent
Relative with whom ward has lived last six months
Nominee of person caring for incapacitated person
General guardian of sheriff

Conservatorships are resolved before the probate court, often involve hearings, and usually require testimony and documentation to prove the ward’s incapacity. Appointment of a conservator requires a surety bond, which protects the assets of the minor or incapacitated person. The amount of the bond will depend on the amount of the assets in the estate, but the probate court will not approve a conservator if the conservator cannot be bonded or was not bonded for an amount at least equal to the assets in the estate of the minor or incapacitated person. Note, the bond requirement may be waived by a power of attorney. Also, once appointed, a conservator must complete an inventory of the estate immediately and file it with the court ninety (90) days after the appointment. Accountings to the court are required at least every three years. The probate court may order an accounting more frequently.

In Alabama, appointment of conservator or a guardian requires the following steps:

File petition for appointment of conservator or 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 for conservator
Order granting petition
Inventory of property for conservator
Letters of guardianship and/or conservatorship granted by Court

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

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

Contact Lindsey M. Eastwood
Tel: 205-319-9995
Fax: 205-319-9996
lindsey@lindseyeastwood.com
2001 Park Place, Suite 875
Birmingham, AL 35203

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Eastwood Estate and Probate Law
2001 Park Place, Suite 875
Birmingham, Alabama 35203
T. (205) 319-9995
F. (205) 319-9996