A Conservator and a Guardian are individuals appointed by the Probate Court over incapacitated people. A person can be declared incapacitated due to dementia, mental infirmities, or if they are under the age of 19. The difference between a Conservator and a Guardian is that a Conservator is appointed to protect the assets and manage the financial affairs of the incapacitated person; while a Guardian is appointed to be responsible for the health, welfare and care of the individual. Either of these positions can be held by, but are not limited to, a family member, an interested person, or an attorney. Special qualifications may apply depending on the circumstances.

The Alabama Probate Attorneys at Martinson and Beason have years of experience establishing and representing Conservatorships. We specialize in helping incapacitated persons and their families. Conservators are required to keep inventories that will be reviewed by the probate court, and to give an accounting at least once every three years. Our Alabama attorneys have handled hundreds of estates, are very experienced in these proceedings, and are able and ready to assist you in anyway we can.

Our Alabama attorneys also have years of experience setting up and serving in Guardianships. The legal name for a person whom a guardian or a conservator has been appointed for is a “ward”. There are two types of wards. The first type of ward is an adult ward who is unable to manage their financial affairs or make health care decisions. Any qualified person may be appointed by the court to be a Guardian for an adult ward; however the law establishes the following priorities:

• person named in a durable power of attorney
• spouse or spouses’ nominee
• adult child
• parent or parent’s nominee
• relative with whom person has lived the prior 6 months
• nominee of caretaker of person

The second type of ward is a minor (under the age of 19) ward. The court may appoint any person who the court deems would be in the best interest of the minor to be his/her Guardian. However, if the minor is 14 years old, or older, the minor is able to nominate his own guardian, as long as the court does not find appointment of their person to be contrary to the minor’s best interest. As always, a parental nomination would take priority.

Once appointed Guardian, the appointee (whether an attorney, family member, or an interested person) has the power to do the following:

• must assume responsibilities of a parent
• 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 court
• may receive limited funds for support of the 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 decision making

The experienced Alabama Conservator and Guardianship attorneys at Martinson and Beason are here to help. Please contact us for any related needs you may have, or feel free to call us toll free at 1-800-255-6534.

For more information about the Guardianship process in Alabama please visit Alabama Guardianship Association (AGA).