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