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

Contact Lindsey M. Eastwood
Tel: 205-319-9995
Fax: 205-319-9996
[email protected]
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