GUARDIANS AND CONSERVATORSHIPS

WHAT IS A CONSERVATOR AND A WARD?
A conservator is a person who is appointed by the court to manage the assets of a minor or incapacitated person. A ward is the legal name for a person for whom a guardian has been appointed.

WHO IS AN INCAPACITATED PERSON?
A person who is unable to manage their personal needs and/or assets and business affairs because of: mental illness, mental deficiency, physical illness, infirmities accompanying advanced age, chronic use of drugs or alcohol, confinement, detention by foreign power or disappearance.

WHEN CAN A CONSERVATOR BE APPOINTED?
A conservator may be appointed when an incapacitated persona is unable to manage assets and business affairs, and:
(a)has assets that will be wasted without proper management
(b)funds are needed to support the incapacitated person or one entitled to support from the incapacitated person.

WHAT IS THE DIFFERENCE BETWEEN A GUARDIAN AND A CONSERVATOR?
The guardian looks after the person and their welfare while a conservator looks after their estate.

WHAT IS A GUARDIAN?
The parent of a minor child or someone who has been appointed by the parent or court to be responsible for the personal care of an individual.

CAN A PARENT OR SPOUSE APPOINT A GUARDIAN?
Yes, in a Will a parent may appoint a guardian for a minor child or for an unmarried incapacitated child. A person may appoint a guardian for his or her incapacitated spouse in a Will.

INVOLUNTARY COMMITMENTS

WHAT IS AN INVOLUNTARY COMMITMENT?
A procedure whereby a person is involuntarily placed in the custody of the State Department of Mental Health for treatment.

WHAT PROCEDURE IS USED TO INITIATE AN INVOLUNTARY COMMITMENT?
Any person may seek to have another person committed by filing a petition with the Probate Court. The petition must contain the following:
a.name and address of the petitioner; and
b.Name and location of alleged incapacitated person's spouse, attorney or next of kin, and
c.that petitioner has reason to believe the person is mentally ill; and
d.petitioner's beliefs are based on specific behavior, acts, attempts or threats which are described in detail; and
e.names and addresses of other people with knowledge of the person's illness or who observed the person's overt acts and who may be called as his witnesses.

MUST THERE BE A HEARING?
Yes, a hearing is to be held by probate judge without a jury and is open to the public unless requested otherwise by the respondent (defendant). Commitment is granted only if the elements required are established by clear, unequivocal and convincing evidence.

WHAT ARE THE RESULTS OF THE HEARING?
If commitment is granted, the order shall be entered for outpatient or inpatient treatment. The least restrictive alternative necessary and available for the treatment of the person's mental illness shall be ordered. Inpatient treatment may be ordered at a state or a designated mental health facility. Outpatient treatment may be ordered at a designated mental health facility if said facility consents to treat the defendant on an outpatient basis.

ADOPTION

WHAT IS AN ADOPTION?
Adoption is the legal procedure through which a minor is recognized by law as being the son or daughter of the adopting adults(s) and as having all of the rights and duties of such relationship including the right of inheritance. The adoptee takes the name designated by the petitioner.

WHAT STEPS ARE USUALLY INVOLVED IN AN ADOPTION?
a.Pre placement investigation.
b.All necessary consents and/or relinquishments concerning the adoption are obtained.
c.Guardian ad litem is appointed when either natural parent of the adoptee is a minor or in case of a contested hearing.
d.Petition court for authority to pay fees or expenses.
e.Placement of child with petitioners.
f.File petition for adoption 30 days after placement.
g.Serve notice or obtain waiver of notice on or from all parties entitled to notice of the adoption.
h.Post placement investigation
i.Hearings.
j.Affidavits of non payment.
k.Accounting of disbursements.

WHAT IS THE DIFFERENCE BETWEEN AN ADOPTION BY A STEPPARENT OR A CLOSE FAMILY MEMBER AND OTHER ADOPTIONS?
There is usually a lot less formality and fewer requirements when the adoptee is being adopted by a stepparent or close family member.
Unlike all other adoptions, usually no placement or postplacement investigation nor accounting of the cost relating to the adoption are required.
In order to be exempt from these requirements, the adoptee must have lived with the petitioner for at least one year.

THIS WEBSITE, WHICH IS BASED ON ALABAMA LAW, IS 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 Alabama Probate Judges' Association 2001