Guardianship & Conservatorship
Adult or Minor Guardianship • Adult or Minor Conservatorship •
Delegation of Parental Authority • Elder Financial Abuse
A "guardian" is a person who has qualified as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination or court appointment. Guardianship cases are handled in Probate Court and typically involve a family member seeking to make medical and life decisions on behalf of a disabled or incompetent loved one. A "conservator" is a person who is appointed by a court to manage the estate of a protected person. Conservatorship cases are also handled in Probate Court and usually involve a family member requesting to make financial decisions for a disabled or incompetent loved one. Some cases arise after an elderly person has been taken advantage of financially, which can be a form of elder abuse. For minors, a "delegation of parental authority" document can sometimes achieve the client's goal of obtaining decision-making powers. If you are considering filing for guardianship or conservatorship, get started by calling or booking a free initial consultation by clicking the button below.
Adult Guardianship
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The adult must be an "incapacitated person" as defined by Alabama law:​​​ "Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions." Ala. Code § 26-2A-20(8)
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Petition the Probate Court to appoint a Guardian to act on behalf of the allegedly incapacitated person.
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The Court will appoint a medical expert (usually the primary care provider or treating physician) to assess whether the person has legal capacity.
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The Court will appoint a Guardian ad Litem (an attorney) to represent and protect the interest of the allegedly incapacitated person.
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Schedule your free consultation, which can be in person, videoconference, or telephone.
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Retainers start at $1,500 to petition the Probate Court for Letters of Guardianship. A significant portion of that amount goes toward expenses such as the filing fee and Guardian ad Litem fee. Sometimes the attorney fees and expenses can be reimbursed from the assets of the incapacitated person.
Adult Conservatorship
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The adult must be an "incapacitated person" as defined by Alabama law.
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The Petitioner (client) must obtain a probate bond from an insurance company to be eligible to serve as conservator. I can assist in applying for the bond, which can be complicated.
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Petition the Probate Court to appoint a Conservator to manage the assets of the allegedly incapacitated person.
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The Court will appoint a medical expert (usually the primary care provider or treating physician) to assess whether the person has legal capacity.
​
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The Court will appoint a Guardian ad Litem (an attorney) to represent and protect the interest of the allegedly incapacitated person.​
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Schedule your free consultation, which can be in person, videoconference, or telephone.
​​
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Retainers start at $1,500 to petition the Probate Court for Letters of Conservatorship. A significant portion of that amount goes toward expenses such as the filing fee and Guardian ad Litem fee. Sometimes the attorney fees and expenses can be reimbursed from the assets of the incapacitated person.