Guardianships and Conservatorships

A guardianship is a court-supervised arrangement in which a judge appoints a responsible person to make personal decisions for an incapacitated adult.

A guardian may be given authority to make decisions involving:

• Living arrangements;
• Medical care;
• Personal care;
• Safety and wellbeing;
• Support services; and
• Other personal matters authorised by the court.

The person subject to the guardianship may be referred to as the ward.

A conservatorship is a court-supervised arrangement in which a judge appoints a responsible person to manage the property, assets, and financial affairs of an adult who cannot manage those matters independently.

A conservator may be responsible for:

• Managing bank accounts;
• Paying bills;
• Protecting income and benefits;
• Managing real estate or other property;
• Keeping financial records;
• Filing reports or accountings with the court; and
• Using funds for the protected person’s care and support.

A conservatorship is generally focused on financial matters, while a guardianship is generally focused on personal and healthcare-related decisions.

A guardianship or conservatorship may be necessary when an adult is unable to manage personal or financial affairs due to conditions such as:

• Dementia or Alzheimer’s disease;
• Serious illness;
• Traumatic brain injury;
• Developmental disability;
• Severe mental health condition;
• Stroke or other medical event; or
• Other incapacity affecting decision-making.

These proceedings may also become necessary when no valid power of attorney or healthcare directive exists, or when the existing documents do not provide enough authority to address the situation.

A conservatorship is not a routine estate planning document, and it is not something every person needs.

Many families can avoid conservatorship proceedings by preparing appropriate planning documents in advance, including durable powers of attorney and healthcare directives.

A conservatorship is usually considered after incapacity has occurred and there is no simpler or less restrictive way to manage the person’s financial affairs.

The guardianship or conservatorship process generally involves asking the court to determine whether the adult is incapacitated and whether appointment of a guardian or conservator is necessary.

The court may consider medical information, testimony, the person’s needs, available alternatives, and who is best suited to serve.

Because these proceedings affect important personal rights, they must be handled carefully and in compliance with Alabama law.

A guardian or conservator has serious legal responsibilities. The person appointed must act in the best interests of the incapacitated person and comply with court orders.

Depending on the appointment, duties may include:

• Making decisions carefully and responsibly;
• Avoiding conflicts of interest;
• Keeping accurate records;
• Using funds only for authorized purposes;
• Reporting to the court when required;
• Protecting the person’s wellbeing and property; and
• Seeking additional court approval when required.

In some cases, less restrictive alternatives may be available. These may include:

• Existing powers of attorney;
• Healthcare directives;
• Representative payee arrangements;
• Trust administration;
• Family support and consent-based planning; or
• Limited court orders tailored to a specific need.

The appropriate approach depends on the person’s capacity, existing documents, family circumstances, and the decisions that must be made.

King & King Attorneys At Law assists families with guardianship and conservatorship matters, including:

• Evaluating whether a court proceeding is necessary;
• Preparing and filing petitions;
• Advising proposed guardians and conservators;
• Assisting with court hearings;
• Explaining fiduciary duties;
• Helping with reporting and compliance; and
• Reviewing alternatives where available.

Guardianships and conservatorships often arise during difficult family circumstances. Our goal is to help families obtain the authority needed to protect a loved one while respecting the person’s dignity, rights, and best interests.

Contact King & King Attorneys At Law to discuss adult guardianship or conservatorship options in Alabama.