In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.
Alabama Petition for Notice to Minor to Nominate or Select Guardian
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US-03326BG
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FAQ
In Alabama, a legal guardianship is the result of a court hearing that is conducted in order to appoint someone to take care of a minor or an incapacitated adult. The caretaker in this scenario is called a guardian, and the person left in their care is known as the ward.
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.
The difference is this: A guardian is of the person, a conservator is of their money and property.
The appointment of a kinship guardian or successor guardian does not limit or terminate any rights or benefits derived from or between the child and parent, legal guardian, or legal custodian relating to inheritance or insurance.
Petition filed. appointment of a guardian ad item. examination by physician. appointment of court's representative. hearing. jury at hearing if demanded. bond for conservator. order granting petition.
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.
A guardian ad litem should advocate for appropriate services (by motion for court order if necessary) to access entitlements, to protect the child's interests and to implement a service plan. See Alabama Code section 12-15-304(b)(3).