Alabama Petition for Appointment of Guardian
What this document covers
The Petition for Appointment of Guardian is a legal document filed in probate court to request the appointment of a guardian for an incapacitated person. This form is essential for those who need to act on behalf of someone unable to make responsible decisions about their health and welfare. Unlike other legal documents, this petition specifically addresses the need for a guardian under the Alabama Uniform Guardianship and Protective Proceedings Act, ensuring the incapacitated individual receives appropriate care and decisions are made in their best interests.
Main sections of this form
- Name and details of the incapacitated person.
- Information about the petitioner, including their relationship to the incapacitated individual.
- Statement of the individual's incapacity and immediate need for a guardian.
- List of individuals to be notified of the proceedings.
- Requests for specific actions, including the appointment of a Guardian-Ad-Litem.
- Affidavit of the petitioner confirming the truthfulness of the information provided.
State-specific requirements
This petition is tailored to reflect the legal processes dictated by Alabama law, specifically the Alabama Uniform Guardianship and Protective Proceedings Act. Ensure compliance with local rules regarding filing, notifications, and required documentation.
When this form is needed
Intended users of this form
The following individuals should consider using the Petition for Appointment of Guardian:
- Family members of the incapacitated person, such as children or siblings.
- Close friends or relatives who have a significant concern for the individual's wellbeing.
- Individuals seeking to provide necessary medical and personal care for someone unable to make decisions for themselves.
- Anyone wanting to act as a guardian under Alabama law but needing formal legal recognition to do so.
How to complete this form
- Identify the incapacitated person's full name, age, and address.
- Provide your relationship to the incapacitated individual and your address.
- Clearly state the reasons for claiming the individual’s incapacity.
- List the individuals to be notified about the petition.
- Sign the affidavit verifying that the information in the petition is accurate.
- Ensure the document is notarized, confirming your identity and the truthfulness of your statements.
Does this document require notarization?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Typical mistakes to avoid
- Failing to provide complete and accurate information about the incapacitated person.
- Neglecting to list all required parties that need to be notified of the petition.
- Overlooking the need for notarization, which can result in the petition being rejected.
- Submitting the form without confirming compliance with Alabama's legal standards.
Benefits of completing this form online
- Convenience of completing the form from anywhere at any time.
- Ability to easily edit and customize the form according to individual needs.
- Access to professionally drafted legal language that enhances the form's validity.
- Instant download in both Word and Word Perfect formats for flexibility.
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FAQ
In Alabama, child custody is decided based on the best interests of the children. When you make a decision that affects the minor children, ask yourself if that decision is in their best interests. If the decision is not in the best interests of the children, then don't do it.
§ 19-9-3, (5)-(6), in all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live.
The bill now defines an unfit parent as one who "fails to properly care for his or her child and maintain the emotional health and overall well-being of the child in such a manner the failure will seriously harm the child."
While Simply Hired reported an average salary of 200b$76,349200b per year for guardian ad litems in 2021, the average salary for child and family social workers was 200b$51,030200b a year, as of May 2019, according to the Bureau of Labor Statistics.
When should a guardian be appointed? A child guardian will be appointed when the family court requires an independent view of what has been happening in the concerned child's life and what should happen in their life. The court will appoint a children guardian in child proceedings under the Children Act 1989.
EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.
Can this process be done more quickly? In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian. You can fill out the form online, but you will still need to file it with the court.
A fee of $25 is generally required for filing either a custody or visitation petition in court. There may be an additional fee for serving the other parent with the custody papers, which is usually done by a sheriff, third party, or process server.
Draft or have someone draft a petition letting the court and the other party know what type of custody you are seeking and why; file your paperwork with the court and have the other parent served; and. pay a filing fee or request a fee waiver if you are low-income and cannot pay the fee.