Alabama Guardianship Attorney
Our firm represents clients in guardianship proceedings both in Baldwin County and Mobile County Probate Court. We enjoy assisting clients in guardianship proceedings when a loved one’s best interests are at stake. We are familiar with the Guardianship process and we are here to help you. If you are looking for an Alabama Guardianship Attorney, the Clifton Firm can help.
Who can be a guardian?
- A person named in a durable power of attorney
- Spouse of spouse’s nominee
- Adult child
- Parent or parent’s nominee
- Relative with whom the person has lived with for at least 6 months
- Nominee of incapacitated person’s caregiver
Guardianship for Incapacitated Persons
A Guardianship protects an incapacitated individual by appointing a Guardian to take care of their physical and mental well being. A guardian of an incapacitated person is responsible for the health, support, education, or maintenance of the incapacitated person. A Guardian of an incapacitated person has the power to limit or enforce the ward’s right to visitation or communication with anyone, including the right to receive visitors, telephone calls, and personal mail.
In order for a guardianship to be granted, the person must be found to be incapacitated.
Who is an incapacitated person?
An incapacitated person is someone 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.
What are the powers of a Guardian?
- Must assume responsibilities of a parent regarding support, care and education
- Must become personally acquainted with ward
- Must take reasonable care of ward’s personal effects
- Must apply available money for current needs or health, support, education and maintenance
- Must conserve excess money
- Must report the condition of the ward to the Probate Court
- May receive limited funds for support of ward
- May take custody of ward and establish a home
- May compel payment of support
- May consent to medical care
- May consent to marriage or adoption
- May delegate certain responsibilities to the ward for the decision making
What are the steps involved for petitioning for Guardianship?
- Petition filed. It is best to consult with an Alabama Guardianship Attorney for help with this.
- Appointment of a guardian ad litem. By law, the incapacitated person is appointed a GAL to ensure that their best interest is considered in a guardianship proceeding.
- Examination by physician. The probate judge must make a factual determination regarding the incapacitated person’s condition by a licensed medical professional.
- Appointment of Probate Court’s representative. This is another attorney appointed by the Probate Judge to provide additional oversight over the interests of the parties.
- Hearing. The Probate Judge must hear evidence to make a determination as to whether a guardianship shall be granted. The Probate judge will also hear argument from the parties’ respective legal counsel as to the merits of the case.
- Jury at hearing if demanded. Any party associated with a guardianship proceeding has the right to have the case heard by a jury. Otherwise, the Probate Judge will decide the case.
- Bond for conservator. If a conservatorship is involved, the newly appointed conservator is required to be bonded due to the financial duties required as a conservator.
- Order granting petition. If the Probate Judge determines that a guardianship is due to be granted, an order granting the petition will be entered into the court’s record.
- Inventory of property for conservator. A conservatorship requires that the incapacitated person’s property be listed in an accounting so to ensure that nothing goes missing or is squandered.
- Letters of guardianship and/or conservatorship. This acts as a public record showing who has been appointed the guardian and/or conservatorship of the incapacitated person.
Where do I file a Guardianship petition in Alabama?
A guardianship petition must be filed within the county where the incapacitated individual or minor resides.
Is a Guardian required to post a bond?
No.
Is a Guardian required to file an accounting with the probate court?
No.
Guardian Care Plan and Annual Reports
A guardian is required to submit a “care plan” to the probate judge with 45 days of appointment and submit annual reports to the probate court until the guardianship is terminated.
How long does a Guardianship last?
A guardianship for an an adult lasts indefinitely. A guardianship over a minor lasts until the minor reaches 19 years of age.
Can a Guardianship be transferred to another state?
Yes, a guardianship may be transferred to another state. It is advisable to seek a consultation with an attorney to ensure that the transfer is seamless as possible.
How can an Alabama Guardianship Attorney help me?
An Alabama Guardianship Attorney can help explain the ins and outs of a guardianship proceeding and assist you in drafting the necessary paperwork to file in court.
An attorney can ensure that the necessary evidence is presented at trial to support your guardianship petition.
In the event that the guardianship proceeding is contested, an attorney experienced in trial work can be equipped in presenting and refuting evidence, examining witnesses, researching the relevant law and providing the necessary legal argument to help your case be successful.
Looking for an Alabama Guardianship Attorney?
Brennan R. Clifton, Attorney at Law, handles guardianship cases both in Mobile and Baldwin County.
If you or a loved one need legal assistance for a guardianship, give our office a call at 251-422-6417 or send me an e-mail at Brennanrclifton@gmail.com and I will reply directly as soon as I have a chance.