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.
