Adult Guardianship Periodic Reporting Requirements in Alabama
At a glance
| Covered guardian and report types | Adult guardian: court-ordered/rule-required condition and controlled-estate report (§§ 26-2A-108(a), 26-2A-78(b)(5)); conservator: inventory and accounts (§§ 26-2A-146, -147). |
|---|---|
| First plan, inventory or account | Conservator files complete inventory with oath or affirmation within 90 days after appointment (§ 26-2A-146(a)); guardian report follows order or court rule (§ 26-2A-78(b)(5)). |
| Repeat interval and due date | Conservator accounts at least once in three years unless court directs otherwise, plus ending events; guardian's report timing follows order or court rule (§§ 26-2A-147, 26-2A-78(b)(5)). |
| Condition and care-plan content | Guardian reports ward's condition as directed; § 26-2A-78(b)(5) does not itemize health, residence, services, or a care plan. |
| Property and accounting content | Guardian reports estate in guardian's possession/control as directed; conservator inventories estate and accounts for administration (§§ 26-2A-78(b)(5), -146(a), -147). |
| Oath and required attachments | Conservator inventory includes oath or affirmation of completeness and accuracy; § 26-2A-147 gives no separate oath or attachment for accounts (§ 26-2A-146(a)). |
| Who receives or may inspect the report | Inventory copy to protected person if practicable and at least 14, and to resident guardian or parent; conservator records available to interested persons on request (§ 26-2A-146). |
| Court review and late filing | Court may require physical examination of estate with an account; allowed intermediate/final accounts follow notice and hearing. § 26-2A-147 states no automatic late-filing penalty. |
| Final or change-triggered report | Conservator accounts on resignation/removal and end of minority or disability; if conservator dies, representative or bond sureties account. Guardian's obligation to account for ward funds/assets survives termination (§§ 26-2A-109, -147). |
Requirements one by one
Guardian's condition and property report
Alabama Code § 26-2A-108(a) applies the reporting duty in § 26-2A-78(b)(5) to adult guardians. The guardian reports the ward's condition and the estate in the guardian's possession or control when the court orders it on an interested person's petition or a court rule requires it. The statute leaves the timing and detail of that report to the order or rule.
Conservator's inventory and accounts
Under § 26-2A-146(a), the conservator files a complete inventory with an oath or affirmation within 90 days after appointment. Section 26-2A-147 requires accounts on resignation or removal and when directed by the court. Without a different court direction, the conservator must account at least once in three years. The section does not give a fixed calendar filing day.
Copies and review
Section 26-2A-146(a) requires an inventory copy for the protected person when practicable and at least age 14, and for any guardian or parent with whom that person resides. The conservator must show administration records to an interested person on request under § 26-2A-146(b). With an account, the court may require a physical examination of the estate under § 26-2A-147.
What trips people up
The guardian's reporting trigger and the conservator's default three-year accounting interval differ. The court can direct an earlier conservator account under § 26-2A-147. A guardian's obligation to account for the ward's funds and assets survives termination under § 26-2A-109.
Common questions
Is an inventory the same as an account? No. Section 26-2A-146(a) sets an opening inventory due within 90 days; § 26-2A-147 separately sets the conservator's continuing and event-triggered accounts.
What if the conservator dies before accounting? Section 26-2A-147 directs the personal representative to account or, if there is none, permits the bond sureties to do so.
What happens when the protected person's disability ends? Under § 26-2A-147, the conservator accounts to the court or to the formerly protected person.
Statutes and sources
- Ala. Code § 26-2A-78(b)(5): “Report the condition of the ward and of the ward’s estate that has been subject to the guardian’s possession or control, as ordered by the court on petition of any person interested in the ward’s welfare or as required by court rule.” Official text, accessed 2026-10-03.
- Ala. Code § 26-2A-108(a): “a guardian has the same duties, powers, and responsibilities as a guardian for a minor as described in Section 26-2A-78(b), (c), and (d).” Official text, accessed 2026-10-03.
- Ala. Code § 26-2A-146(a): “Within 90 days after appointment, each conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the conservatorship.” Official text, accessed 2026-10-03.
- Ala. Code § 26-2A-147: “the conservator must, at least once in three years, account to the court.” Official text, accessed 2026-10-03.
Source links
Every statute quoted above, linked, with the date we checked it.
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