Alabama Notice to Parents Guardian

State:
Multi-State
Control #:
US-DB1007AM
Format:
Word; 
Rich Text
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FAQ

Guardianship versus parental rights Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody.

Factors in Deciding Whether a Parent is Unfit Substance abuse issues on the part of either parent. A history of domestic violence, whether or not that was toward the child. A history of child abuse. Mental health issues and how well they can be managed with proper treatment.

Kinship guardianship is a judicially created relationship and would therefore, be achieved at the point that kinship guardianship is awarded by the juvenile court to the relative.

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.

Abandonment of the child. Mental illness or deficiency the parent, which renders them incapable of caring for the child. Drug or alcohol abuse by a parent. The parent has abused the child, or attempted to do so, or the child is in clear and present danger as evidence by the treatment of a sibling.

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.

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.

POWERS OF GUARDIAN: The powers that the court may transfer to the guardian of the person in full or in part include: the power to provide informed consent to voluntary or involuntary medical examination and treatment if it is in the ward's best interest. any other power the court specifically identifies.

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Alabama Notice to Parents Guardian