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Who will the court appoint as guardian or conservator? Alabama law provides an order of priority for appointment as guardian or conservator: (1) most recent durable power of attorney, (2) the spouse, (3) a child, (4) a parent, (5) a live-in relative, or (6) someone who is nominated by the person's caretaker.
Probate Court Costs FILING FEESConservatorship/Guardianship$64.00Conservatorship Final Settlement (Consent)$25.00Conservatorship Final Settlement (Without Consent)$39.00Contest of Will$25.0027 more rows
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.
The difference is this: A guardian is of the person, a conservator is of their money and property.
Once appointed, a guardian or conservator must be discharged by the judge to end the guardianship or conservatorship. Reasons for discharge include the death of the ward or conservatee, the ward's return to capacity or the guardian/conservator's inability to fulfill his or her duties.
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 court's representative. Hearing. Jury at hearing if demanded. Bond for conservator. Order granting petition.
If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate. Forms are also available in Montgomery County's Probate Court for filing this petition.
A defendant is mentally incompetent to stand trial or to be sentenced for an offense if that defendant lacks sufficient present ability to assist in his or her defense by consulting with counsel with a reasonable degree of rational understanding of the facts and the legal proceedings against the defendant.