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Serving the legal needs
of Alabamians over 50
of Alabamians over 50
What is a Guardian?
A person who is appointed by the Court to make personal decisions,
such as health care decisions, for an incapacitated person.
What is a Conservator?
A person appointed by the Court to manage the business and financial
affairs of a person that the Court has determined to be in need of
protection. The Conservator must be bonded, must act under the
supervision of the Court and must file accountings with the Court.
Who is an incapacitated person or a person in need of protection?
A person who is impaired by reason of mental or physical infirmities and
who lacks sufficient understanding or capacity to make or communicate
responsible decisions. The determination of incapacity is made by the
Court after evidence is presented at a hearing.
How does a person become a Guardian or Conservator?
Generally, a petition must be filed with the Probate Court by an attorney,
notice given to the proper persons, and a hearing held to determine if
the incapacitated person is truly in need of a Guardian and/or
Conservator.
Who can be appointed as a Guardian or Conservator?
Alabama law sets out a list of persons who have priority to act, but the
ultimate decision as to who is appointed is the Court’s decision.
Do you need a Guardian or Conservator if you have Durable Power of
Attorney?
Hopefully, properly drafted Powers of Attorney will alleviate the need for
Guardianship and Conservatorship. In some cases, however, it will still
be necessary to go to Court for Guardianship or Conservatorship even
when there is a Durable Power of Attorney.
A person who is appointed by the Court to make personal decisions,
such as health care decisions, for an incapacitated person.
What is a Conservator?
A person appointed by the Court to manage the business and financial
affairs of a person that the Court has determined to be in need of
protection. The Conservator must be bonded, must act under the
supervision of the Court and must file accountings with the Court.
Who is an incapacitated person or a person in need of protection?
A person who is impaired by reason of mental or physical infirmities and
who lacks sufficient understanding or capacity to make or communicate
responsible decisions. The determination of incapacity is made by the
Court after evidence is presented at a hearing.
How does a person become a Guardian or Conservator?
Generally, a petition must be filed with the Probate Court by an attorney,
notice given to the proper persons, and a hearing held to determine if
the incapacitated person is truly in need of a Guardian and/or
Conservator.
Who can be appointed as a Guardian or Conservator?
Alabama law sets out a list of persons who have priority to act, but the
ultimate decision as to who is appointed is the Court’s decision.
Do you need a Guardian or Conservator if you have Durable Power of
Attorney?
Hopefully, properly drafted Powers of Attorney will alleviate the need for
Guardianship and Conservatorship. In some cases, however, it will still
be necessary to go to Court for Guardianship or Conservatorship even
when there is a Durable Power of Attorney.
| 256-536-9494 |
2306 Pansy Street SW
Huntsville, Alabama 35801
Huntsville, Alabama 35801
