This is a sample verification of a petition to the probate court for appointment of guardian and conservator for an incapacitated individual.
Alabama Verification of Petition or Appointment of Guardian and Conservator
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FAQ
EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.
A guardian of the person is responsible for decisions about care provisions and living arrangements of the ward. A guardian of the estate, also known as a conservator, is charged with the ward's property and financial affairs.
A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.
Petition files. Appointment of a guardian ad litem. Examination by physician. Appointment of court's representative hearing. Jury at hearing if demanded. Bond for conservator. Order granting petition.
How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.
File a Petition For Conservatorship with the court: File a Confidential Supplemental Information Form: File a Confidential Conservatorship Screening Form: File a Duties of Conservator Form: Serve Notice on the Conservatee: Provide Notice to the Conservatee's Relatives:
A conservatorship is a court case where a judge appoints a responsible person or organization (called the conservator) to care for another adult (called the conservatee) who cannot care for himself or herself or manage his or her own finances.
Get a capacity assessment. Have a professional assess whether the adult can make decisions on their own. Fill out the application forms. If you want to apply for guardianship. Submit your application package.
A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.
