A person who is appointed by the court to manage the property of a minor or incapacitated person.
A person who is unable to manage property and business affairs because of….
A family member or any interested person with the priorities as follows:
A conservator may be appointed when an incapacitated person:
Is unable to manage property and business affairs; and
(a) has property that will be wasted without proper management; or
(b) funds are needed to support the incapacitated person or one entitled to support from the incapacitated person.
[court may limit powers of conservator]
With prior court authorization the conservator may:
Yes, a bond is required for conservatorship unless the bond requirement was waived in a Will of power of attorney.
Each conservator must complete an inventory of the estate immediately and file it with the court within 90 days after appointment.
Yes, a conservator must give an accounting to the court at least every three years. The court may order an accounting more frequently. An accounting is also required upon the resignation or removal of the conservator.
The parent of a minor or someone who has been appointed by the court to be responsible for the personal care of an individual.
Legal name for a person for whom a guardian has been appointed.
Any qualified person may be appointed. However, the law establishes the following priorities:
The court may appoint any person who will be 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.
Yes, in a Will a parent may appoint a guardian for a minor child or for an unmarried incapacitated child.
Yes, in a Will a person may appoint a guardian for his or her incapacitated spouse.
[court may limit powers of guardianship]
THIS INFORMATION, WHICH IS BASED ON ALABAMA LAW, IS ONLY TO INFORM AND NOT TO ADVISE. NO PERSON SHOULD EVER APPLY OR INTERPRET ANY LAW WITHOUT THE AID OF A LAWYER WHO ANALYZES THE FACTS, BECAUSE THE FACTS MAY CHANGE THE APPLICATION OF THE LAW.
Prepared by the Alabama Law Institute for the
Alabama Probate Judges’ Association