Serving the legal needs
of Alabamians over 50
What is a Guardian?
A person who is appointed by the Court to make personal
decisions, such as health care decisions, for an incapacitated
What is a Conservator?
A person appointed by the Court to manage the business and
financial affairs of a person that the Court has determined to be in
need of protection. The Conservator must be bonded, must act
under the supervision of the Court and must file accountings with
Who is an incapacitated person or a person in need of protection?
A person who is impaired by reason of mental or physical
infirmities and who lacks sufficient understanding or capacity to
make or communicate responsible decisions. The determination
of incapacity is made by the Court after evidence is presented at a
How does a person become a Guardian or Conservator?
Generally, a petition must be filed with the Probate Court by an
attorney, notice given to the proper persons, and a hearing held
to determine if the incapacitated person is truly in need of a
Guardian and/or Conservator.
Who can be appointed as a Guardian or Conservator?
Alabama law sets out a list of persons who have priority to act, but
the ultimate decision as to who is appointed is the Court’s
Do you need a Guardian or Conservator if you have Durable Power
Hopefully, properly drafted Powers of Attorney will alleviate the
need for Guardianship and Conservatorship. In some cases,
however, it will still be necessary to go to Court for Guardianship
or Conservatorship even when there is a Durable Power of
2306 Pansy Street SW
Huntsville, Alabama 35801