Alabama Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Unlike in an involuntary conservatorship petition, the probate court cannot make a finding that the petitioner is incapable. After the voluntary conservator is appointed, the conserved person can terminate the voluntary conservatorship by giving 30 days written notice to the probate court.

Why Does It Happen? High-profile conservatorship cases often focus on celebrities who are at risk of squandering a large estate due to reckless behavior. Bynes was placed under a conservatorship in 2013 after starting a fire in her parents' driveway and getting involuntarily admitted to a psychiatric hospital.

Often a Probate Conservatorship lasts for the lifetime of the adult. LPS: A temporary LPS Conservatorship is effective for approximately 30 days from the date of appoint- ment unless extended by court action. In no instance can a temporary conservatorship be extended beyond 6 months.

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.

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 ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person may apply by petition to the court to have the guardian or conservator removed. The petition shall state facts showing cause for removal.

A: The legalities and third-party influences that affect conservatorships often get complicated. When a conservator controls a conservatee's money, the conservatee might find it difficult to take care of the necessary actions to end a conservatorship.

The guardian is a person who looks after the child or incapacitated person and their welfare while a conservator looks after the estate.

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Alabama Conservatorship Questionnaire