Alabama Guardianship Questionnaire

State:
Multi-State
Control #:
US-Q1017
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 guardianship 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

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.

A parent is considered unfit when they fail to provide proper guidance, support, or care to their child. They can also be deemed unfit if there is a history of abuse, neglect, substance abuse issues, or mental illness that could endanger the child.

There is no age at which the child can legally refuse visitation until they are no longer a minor. However, if your child has valid reasons for wanting to avoid visitation, such as if visitation is not in the child's best interest, it may be possible to have the court-ordered visitation agreement modified.

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.

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

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.

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.

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Alabama Guardianship Questionnaire