Alabama Sample Letter for Conservatorship Records
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How to fill out Sample Letter For Conservatorship Records?
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FAQ
For an adult to be appointed a guardian or conservator in Alabama, a court must find the person to be ?incapacitated.? Incapacity has two parts ? a cause and effect. The causes can be a mental illness or deficiency, physical illness or disability, or even chronic use of drugs or alcohol.
But, you must get prior approval from the judge to sell or dispose of the person's house or land. We can't, in this video, go over every transaction that requires approval. Start by reading the court's orders, Letters of Conservatorship, and anything else the court sends you.
The guardian is a person who looks after the child or incapacitated person and their welfare while a conservator looks after the estate.
A guardian with full authority has the power to: Establish where the ward will live, within the state or elsewhere with court's permission; Arrange for the ward's medical care; Take care of the ward's personal effects (clothing, furniture, vehicles, personal items, etc.);
A Probate Court makes the decision as to whether a person is incapacitated when a petition is filed for guardianship. If a Probate Court believes a person has an impairment that causes him/her to be unable to make or communicate responsible decisions, then that court may appoint a guardian over that person.
Once appointed, a guardian or conservator must be discharged by the judge to end the guardianship or conservatorship. Reasons for discharge include the death of the ward or conservatee, the ward's return to capacity or the guardian/conservator's inability to fulfill his or her duties.
As for termination, conservatorships are typically made as a permanent arrangement. They are terminated upon the conservatee's death or recovery from the illness or injury that had incapacitated them. There are times, too, when a court will remove a conservator when cause is found (like abuse).
