Alabama Adult Guardianship and Conservatorship Petition Packet

ALABAMA ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm Respondent is an adult (age 19+ in Alabama; minors handled separately)
☐ Confirm Probate Court jurisdiction (county of Respondent's residence or presence)
☐ Identify all required notice recipients under Ala. Code § 26-2A-103: AIP, spouse, adult children (or parents/adult siblings if none), administrative head of any institution, person with care/custody
☐ Determine priority for guardian appointment under § 26-2A-104
☐ Obtain physician's/qualified evaluator's report on capacity
☐ Document less restrictive alternatives considered
☐ Decide scope (full or limited) — court must impose only such restrictions as necessary
☐ Identify proposed bond amount under § 26-2A-150 and § 26-2A-151
☐ Confirm proposed fiduciary's willingness and qualifications (no disqualifying conflicts)
☐ Prepare combined petition for guardianship and conservatorship if both sought
☐ Calculate filing fees with Probate Court

PART 2 — VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR

STATE OF ALABAMA
IN THE PROBATE COURT OF [____________________] COUNTY

In re: the Guardianship and Conservatorship of [FULL LEGAL NAME OF RESPONDENT], an Alleged Incapacitated Person.

Case No.: [____________]

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR

Comes now the Petitioner, [__________________________], and respectfully petitions this Honorable Court pursuant to Ala. Code §§ 26-2A-102 and 26-2A-130 et seq. for the appointment of a Guardian and Conservator for the Respondent, and shows the Court as follows:

I. PETITIONER

1.1 Name: [________________________________]
1.2 Address: [________________________________]
1.3 Telephone: [____________]
1.4 Relationship to Respondent: [________________________________]
1.5 Interest in the appointment: [________________________________]

II. RESPONDENT (ALLEGED INCAPACITATED PERSON)

2.1 Full legal name: [________________________________]
2.2 Date of birth: [__/__/____] Age: [____]
2.3 Current residence address: [________________________________]
2.4 Proposed residence if appointment granted: [________________________________]
2.5 County of residence/presence: [________________________________]
2.6 Marital status: ☐ Single ☐ Married ☐ Divorced ☐ Widowed

III. JURISDICTION AND VENUE

3.1 Probate Court of [_______________] County has jurisdiction because Respondent ☐ resides in this county ☐ is physically present in this county and no other forum is available.
3.2 Statutory authority: Ala. Code § 26-2A-102.

IV. PERSONS ENTITLED TO NOTICE (§ 26-2A-103)

V. NATURE AND EXTENT OF ALLEGED INCAPACITY

5.1 Brief description: [________________________________]
5.2 Diagnosis (if known): [________________________________]
5.3 Functional limitations:
☐ Inability to manage personal care or medical decisions
☐ Inability to manage residence or daily activities
☐ Inability to manage property or financial affairs
☐ Vulnerability to abuse or exploitation
☐ Other: [________________________________]

VI. PROPOSED GUARDIAN AND CONSERVATOR (§ 26-2A-104)

6.1 Proposed Guardian: [________________________________]
6.2 Proposed Conservator: [________________________________]
6.3 Address: [________________________________]
6.4 Telephone: [____________]
6.5 Relationship to Respondent: [________________________________]
6.6 Priority basis under § 26-2A-104: [________________________________]
6.7 Qualifications: [________________________________]
6.8 No disqualifying conflict of interest exists.

VII. LESS RESTRICTIVE ALTERNATIVES

7.1 Less restrictive alternatives considered:
☐ Durable power of attorney (Ala. Code § 26-1A-101 et seq.)
☐ Advance directive for health care (Ala. Code § 22-8A-1 et seq.)
☐ Representative payee
☐ Trust arrangement
☐ Supported decision-making
☐ Adult Protective Services involvement
☐ Other: [____________]
7.2 Why insufficient: [________________________________]

VIII. SCOPE OF APPOINTMENT

8.1 ☐ Full guardianship requested — reasons limited is INADEQUATE: [____________]
8.2 ☐ Limited guardianship requested — specific powers requested: [____________]
8.3 ☐ Full conservatorship requested — reasons limited is INADEQUATE: [____________]
8.4 ☐ Limited conservatorship requested — specific powers requested: [____________]

IX. ESTATE / FINANCIAL INFORMATION

Anticipated income (Social Security, pension, etc.): [________________________________]

X. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays this Court:

(a) Appoint an attorney to represent the Respondent as guardian ad litem pursuant to § 26-2A-102(b);
(b) Issue notice as required by § 26-2A-103;
(c) Order an examination/visitor's report as appropriate;
(d) Conduct a hearing;
(e) Find Respondent to be an incapacitated person;
(f) Appoint [___________________] as Guardian under § 26-2A-105 with the powers specified;
(g) Appoint [___________________] as Conservator under § 26-2A-134 with the powers specified;
(h) Require bond under § 26-2A-150;
(i) Issue Letters of Guardianship and Letters of Conservatorship;
(j) Grant such further relief as may be just.

VERIFICATION

STATE OF ALABAMA
COUNTY OF [______________________]

I, [__________________________], being first duly sworn, depose and say: I am the Petitioner in the foregoing Petition; I have read the same and know the contents thereof; the matters therein stated are true and correct to the best of my knowledge, information, and belief.

[________________________________] Date: [__/__/____]
Petitioner

Sworn to and subscribed before me this [__] day of [__________], [____].

[________________________________]
Notary Public
My commission expires: [__/__/____]

PART 3 — NOTICE TO ALLEGED INCAPACITATED PERSON (§ 26-2A-103)

TO: [RESPONDENT NAME]

YOU ARE HEREBY NOTIFIED that a Petition has been filed in the Probate Court of [____________] County, Alabama, requesting the appointment of a Guardian and Conservator for you on the grounds of alleged incapacity. A hearing has been set:

Date: [__/__/____]
Time: [____]
Location: [____________________] Probate Court, [____________] County, Alabama
Judge: [________________________________]

YOUR RIGHTS:

☐ Right to be represented by an attorney. THE COURT WILL APPOINT AN ATTORNEY for you unless you already have one (§ 26-2A-102(b)).
☐ Right to be present at the hearing.
☐ Right to present evidence and cross-examine witnesses.
☐ Right to a jury trial on the question of incapacity (if timely demanded).
☐ Right to an independent medical examination.
☐ Right to a closed hearing upon request.
☐ Right to the least restrictive intervention.
☐ Right at any later time to petition for restoration or modification.

If a guardian or conservator is appointed, that person may have authority to make decisions about your personal care, residence, medical treatment, and/or your finances and property.

YOU MAY APPEAR AT THE HEARING AND OBJECT.

Date: [__/__/____]
[________________________________]
Petitioner / Attorney for Petitioner

PART 4 — NOTICE TO INTERESTED PERSONS (§ 26-2A-103)

TO: All persons listed in Section IV of the Petition.

NOTICE IS HEREBY GIVEN that a Petition for Appointment of Guardian and Conservator for [RESPONDENT NAME] has been filed in the Probate Court of [____________] County, Alabama, and is set for hearing on [__/__/____] at [____].

You may appear and be heard. Service of notice must be made at least 14 days before the hearing (or such other time as the court directs).

Method of service: ☐ Personal ☐ Certified mail, return receipt requested

Date served: [__/__/____]
[________________________________]
Petitioner / Attorney

PART 5 — PHYSICIAN'S/QUALIFIED EVALUATOR'S REPORT

REPORT OF EXAMINING PHYSICIAN OR QUALIFIED EVALUATOR

Re: [RESPONDENT NAME]
DOB: [__/__/____]
Date(s) of examination: [____________]
Evaluator: [________________________________]
License type / number: [________________________________]
Specialty: [________________________________]

1. Diagnosis: [________________________________]
2. Description of nature, type, and extent of incapacity: [________________________________]
3. Functional capacity assessment:

4. Cause of incapacity: [________________________________]
5. Prognosis / expected duration: [________________________________]
6. Recommendation regarding need for guardian/conservator: [________________________________]
7. Recommendation regarding scope (limited/full): [________________________________]
8. Whether Respondent should be present at hearing: ☐ Yes ☐ No — explain: [____________]

Signature: [________________________________] Date: [__/__/____]

PART 6 — APPOINTMENT OF ATTORNEY / GUARDIAN AD LITEM (§ 26-2A-102(b))

ORDER APPOINTING ATTORNEY FOR ALLEGED INCAPACITATED PERSON

Pursuant to Ala. Code § 26-2A-102(b), unless the Respondent has retained counsel, the Court hereby APPOINTS:

Attorney: [__________________________], Alabama State Bar No. [____________]
Address: [________________________________]
Telephone: [____________]

The appointed attorney shall serve as guardian ad litem with the duties of: (a) investigating the matter, (b) interviewing the Respondent, (c) reviewing the evidence, (d) advising the Court of the Respondent's wishes and best interests, and (e) advocating for the least restrictive intervention.

Date: [__/__/____]
[________________________________]
Probate Judge

PART 7 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS

Petitioner's certification: The above alternatives have been considered and found insufficient because: [________________________________]

[________________________________] Date: [__/__/____]

PART 8 — BOND (§§ 26-2A-150, 26-2A-151)

BOND OF CONSERVATOR

Conservator name: [________________________________]
Bond amount: $[____________]
Surety company: [________________________________]
Bond number: [____________]

The Court ☐ requires ☐ waives bond per § 26-2A-150 based on:
☐ Estate value: $[____________]
☐ Restricted accounts (specify): [____________]
☐ Statutory exemption (corporate fiduciary, sole heir, etc.): [____________]

The bond is conditioned on faithful discharge of duties under § 26-2A-151.

PART 9 — NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that a hearing will be held on the Petition for Appointment of Guardian and Conservator for [RESPONDENT NAME]:

Date: [__/__/____]
Time: [____]
Place: [____________________] Probate Court, [____________________] County, Alabama
Before: Honorable [________________________________], Probate Judge

The hearing will determine: incapacity, suitability of proposed fiduciary, scope of appointment, less restrictive alternatives, and bond.

Dated: [__/__/____]
[________________________________]
Clerk of Probate Court

PART 10 — ORDER OF APPOINTMENT AND LETTERS (§§ 26-2A-105, 26-2A-134)

FINDINGS AND ORDER APPOINTING GUARDIAN AND CONSERVATOR

THIS MATTER came before the Court on [__/__/____]. Upon consideration of the Petition, report of the appointed attorney/GAL, physician's report, and other evidence, the Court FINDS by clear and convincing evidence:

☐ Notice was properly given under § 26-2A-103.
☐ Respondent was represented by appointed/retained counsel: [____________]
☐ Respondent is an incapacitated person within § 26-2A-101(3).
☐ Less restrictive alternatives are inadequate to meet Respondent's needs.
☐ The proposed fiduciary is suitable and has priority under § 26-2A-104.

IT IS ORDERED:

1. [__________________________] is appointed ☐ Full ☐ Limited Guardian of [RESPONDENT NAME].
2. [__________________________] is appointed ☐ Full ☐ Limited Conservator of the Estate of [RESPONDENT NAME].
3. Powers granted to Guardian: [________________________________]
4. Powers granted to Conservator: [________________________________]
5. Rights specifically retained by Respondent: [________________________________]
6. Bond set at: $[____________] ☐ Waived
7. Acceptance of Office required under § 26-2A-152.
8. Inventory due within 90 days under § 26-2A-153.
9. Annual Accounting due under § 26-2A-154.
10. Next periodic review: [__/__/____]

Dated: [__/__/____]

[________________________________]
Judge of Probate

LETTERS OF GUARDIANSHIP

These Letters certify that [__________________________] has been duly appointed Guardian of [RESPONDENT NAME] on [__/__/____] with the powers specified in the foregoing Order.

[Probate Court Seal]
Judge of Probate: [________________________________]

LETTERS OF CONSERVATORSHIP

These Letters certify that [__________________________] has been duly appointed Conservator of the Estate of [RESPONDENT NAME] on [__/__/____] with the powers specified in the foregoing Order.

[Probate Court Seal]
Judge of Probate: [________________________________]

PART 11 — INITIAL INVENTORY (§ 26-2A-153) AND ANNUAL ACCOUNTING (§ 26-2A-154)

INITIAL INVENTORY — Due within 90 days of appointment

Certification under oath:

[________________________________] Date: [__/__/____]
Sworn before notary: [____________]

ANNUAL REPORT (Guardian): Address ward's residence, condition, services received, social activities, ongoing necessity of guardianship.

ANNUAL ACCOUNTING (Conservator) — § 26-2A-154: Beginning balance, receipts, disbursements, ending balance, supporting documentation as required by Probate Court.

Reporting period: [__/__/____] to [__/__/____]
Filing deadline: [__/__/____]

SOURCES AND REFERENCES

• Ala. Code § 26-2A-1 et seq. (Alabama Uniform Guardianship and Protective Proceedings Act)
• Ala. Code § 26-1A-101 et seq. (Alabama Uniform Power of Attorney Act)
• Ala. Code § 22-8A-1 et seq. (Alabama Natural Death Act / Advance Directives)
• 2026 SB 83 (proposed amendments to guardianship/conservatorship)
• Alabama Probate Court local forms
• Alabama Law Institute commentary on the UGPPA