The attorneys of Martinson & Beason have decades of experience in Guardianship and Conservatorship proceedings for a minor or incapacitated adult. In fact, Douglas C. Martinson, II is currently serving as the Madison County Conservator and was appointed to that position by the Madison County Probate Court in 2001. If you have a friend, or a family member who may be in need of an Alabama guardianship or conservatorship attorney, the experienced lawyers of Martinson & Beason are here to help.
What is a Guardianship and what is a Guardian?
In Alabama, a Guardian is a person who has been appointed by the Probate Court to manage and handle the personal welfare decisions, health care decisions, and lifestyle decisions for an incapacitated person or minor. A person can be declared incapacitated by the Probate Court due to dementia, mental infirmities, or if they are under the age of 19.
Who is eligible to be a Guardian for a minor child?
Generally, a guardian is not required of a minor when there are living and custodial parents because parents are empowered by the law to make lifestyle, health care, and welfare decisions for their children. If a guardian is required, however, the court may appoint any person whose appointment would be in the best interest of the minor. The court also can appoint a person nominated by the minor, if the minor is over the age of 14, and assuming the nominated individual is not contrary to the minor’s best interest. Additionally, the parent of a minor may appoint a guardian by a will or other writing, signed by the parent and witnessed by at least two witnesses.
Who is eligible to be a Guardian for an incapacitated adult?
The laws of Alabama allow any qualified person to be appointed as the guardian over an adult who has been declared incapacitated. The Code of Alabama, §26–2A–104 does establish priorities for who shall be appointed. That statute states the priority as:
What are the powers and duties of a Guardian?
Once an individual is appointed Guardian over either a minor or an incapacitated adult, the Guardian then has powers and duties which include:
See Code of Alabama §26–2A–78 and §26–2A–104
What is a Conservator?
A Conservator is a person who is appointed by the court to manage an incapacitated person’s estate. In other words, the Conservator is a person who, among other things, manages a person’s financial well being including making decisions concerning the investment of assets; the payment of bills and expenses; the arrangement for the incapacitated person concerning room and board; the sale, purchase, or rental of property; the execution of contracts and agreements; and the voting of stock. Learn more.
Who is eligible to be a Conservator for a minor child or for an incapacitated adult?
Unlike a guardianship over a minor child, it is not uncommon for a minor child to need a conservator because, in Alabama, not even a parent has the legal authority to manage money or property of their children in most cases.
Similarly to a guardianship, the laws of the State of Alabama give priorities in who may serve in the role of Conservator:
See Code of Alabama §26–2A–138.
Navigating the court system can always be a challenge and that is no different in cases of guardianship or conservatorship. If you have questions concerning guardianships or conservatorships, feel free to contact our experienced Alabama Guardianship and Conservatorship attorneys. Email us or call us at 256-533-1667.
I have had a wonderful experience during my time if need. I was in a major car accident that changed my life. I had the honor of working with a great team of people who cared. Martinson & Beason is a professional and caring law firm that truly makes everything easy and informational. I would recommend them to anyone for their needs and making things simple.
Read What 350+ Clients Have To Say About Us
We are proud to be one of Alabama’s top-rated personal injury law firms. Not convinced? Read satisfied reviews from others in your situation using the link below.
Reach out to a team whose foundation has been built right here in Alabama. Since 1937, we have served injured individuals across the state, fighting for the rights and needs of those who deserve compensation for their injuries.
Call our personal injury attorneys now for a free consultation to find out how we can help you during this difficult time.