The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.
Alabama Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs
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How to fill out Petition For Appointment Of Conservator Or Legal Guardian Of Person And Estate Of Adult Who Physical Or Mental Infirmity Or Age, Is Unable To Handle Affairs?
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FAQ
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
Powers Granted In general, the court may grant the guardian the power to make medical decisions, determine living arrangements, social settings, manage property, and handle financial affairs such as banking, investments, and expenses, including household and long-term care costs and taxes.
WHO CAN BE GUARDIAN FOR A CHILD? The Probate Court may appoint any person who will act in the best interest of the minor. However, if the minor is 14 years old or older, the minor's nominee must be appointed unless the appointment is contrary to the minor's best interest. Also, a parental nomination has priority.
For an adult to be appointed a guardian or conservator in Alabama, a court must find the person to be ?incapacitated.? Incapacity has two parts ? a cause and effect. The causes can be a mental illness or deficiency, physical illness or disability, or even chronic use of drugs or alcohol.
WHAT ARE THE STEPS FOLLOWED IN APPOINTING A GUARDIAN OR CONSERVATOR FOR AN ADULT? Petition filed. Appointment of a guardian ad litem. Examination by physician. Appointment of Probate Court's representative. Hearing. Jury at hearing if demanded. Bond for conservator. Order granting petition.
Unless limited by a court, a guardian may do the following: 1) receive money payable to the ward; 2) determine where the ward lives; 3) consent to medical and other treatment of the ward; 4) consent to marriage or adoption of the ward; and 5) allow the ward to make some decisions about the ward's life.
For an adult to be appointed a guardian or conservator in Alabama, a court must find the person to be ?incapacitated.? Incapacity has two parts ? a cause and effect. The causes can be a mental illness or deficiency, physical illness or disability, or even chronic use of drugs or alcohol.
The guardian is a person who looks after the child or incapacitated person and their welfare while a conservator looks after the estate.