Guardianship Petition - Preparation Worksheet - Alabama

ALABAMA MINOR-GUARDIANSHIP ROUTING AND PREPARATION GUIDE

DO NOT FILE THIS GUIDE

Use this guide to prepare the facts for the current petition or packet required by the Probate Court handling the case. The Alabama Administrative Office of Courts' statewide Probate Forms index did not list a minor-guardianship petition when rechecked on August 15, 2026; obtain the current county form, filing instructions, fee information, and hearing procedures directly from the appropriate Probate Court.

1. ROUTE THE MATTER BEFORE DRAFTING

1.1 Age and Proceeding

Under current Ala. Code § 26-2A-20(11), a minor is a person under 19 whose disabilities of minority have not otherwise been removed.

Person needing assistance: [________________________________]

Date of birth: [__/__/____]

Age on planned filing date: [____]

Select the route with Alabama counsel:

☐ Court-appointed guardian of an unmarried minor under §§ 26-2A-73 to 26-2A-81 — continue with this guide.

☐ Temporary guardian of a minor under § 26-2A-73(b) — complete the emergency/temporary screen in Section 4.

☐ Parental appointment by will or other qualifying writing under §§ 26-2A-71 and 26-2A-72 — use the acceptance and notice route, not a standard court-appointment petition.

☐ Adult incapacity under §§ 26-2A-100 et seq. — stop; do not use this minor guide.

☐ Conservatorship or protective order for property under §§ 26-2A-130 et seq. — prepare the separate property-protection filing.

☐ Juvenile custody, dependency, termination of parental rights, adoption, or parentage issue — stop and identify the correct juvenile, probate, or circuit-court route.

1.2 Guardian of the Person vs. Conservator of Property

A guardian is appointed for personal care and decision-making. A conservator manages a protected person's estate. This guide does not authorize the proposed guardian to sell, invest, encumber, or broadly manage the minor's property.

Known money or property belonging to minor: [________________________________]

☐ No known property requiring conservatorship review.

☐ Minor owns or expects property, settlement proceeds, inheritance, benefits, business interests, or other assets; obtain conservatorship advice.

2. STATUTORY CONDITIONS FOR COURT APPOINTMENT

Under Ala. Code § 26-2A-73(a), the court may appoint a guardian for an unmarried minor if all parental rights have been terminated or are suspended by circumstances or a prior order of a court with jurisdiction, subject to the statute's custodian and juvenile-court provisions.

2.1 Minor's Marital and Minority Status

☐ Minor is unmarried.

☐ Minor is under 19 and the disabilities of minority have not been removed.

2.2 Parent and Custody Status

For each legal parent, state the current status and attach the controlling records.

Check every applicable fact:

☐ All parental rights have been terminated by a court with jurisdiction.

☐ Parental rights are suspended by a prior court order.

☐ Parental rights are claimed to be suspended by circumstances; describe facts and legal basis for counsel review: [________________________________]

☐ A custodian has been appointed under another law or juvenile-court order: [________________________________]

☐ A juvenile-court, custody, dependency, adoption, or termination matter is pending: [________________________________]

Do not describe a parent's temporary absence, private consent, incarceration, illness, military service, or informal caregiving arrangement as a statutory suspension without Alabama legal review.

2.3 Existing Parental Nomination

Under § 26-2A-73(a), an effective parental appointee has priority, subject to the statute's acceptance provisions.

☐ No known will or signed parental nomination names a guardian.

☐ The following nomination exists: [________________________________]

☐ The nominee accepted or declined on [__/__/____]: [________________________________]

☐ A minor age 14 or older filed or may file an objection under § 26-2A-72: [________________________________]

3. VENUE AND COURT

Under Ala. Code § 26-2A-20(3), "court" means an Alabama Probate Court. Under § 26-2A-74, venue for a court-appointed minor guardianship under § 26-2A-73 is where the minor resides or is present when the proceeding begins.

Related Proceedings

4. TEMPORARY-GUARDIAN SCREEN

Under Ala. Code § 26-2A-73(b), when necessary and on an appropriate petition or application, the court may appoint a temporary guardian with the full authority of a general guardian of a minor for no longer than six months. The appointment may occur even when the conditions in § 26-2A-73(a) have not been established.

☐ Ordinary guardianship requested; no temporary appointment sought.

☐ Temporary appointment requested.

Immediate need: [________________________________]

Why ordinary hearing timing is insufficient: [________________________________]

Specific decisions or care requiring authority: [________________________________]

Requested duration, not exceeding six months: [________________________________]

Existing parent, custodian, protection, or juvenile order that must be coordinated: [________________________________]

Do not treat a temporary guardian as a device to bypass an existing custody, juvenile, protection, or parental-rights order.

5. PETITIONER, MINOR, AND PROPOSED GUARDIAN FACTS

5.1 Petitioner

Ala. Code § 26-2A-75(a) permits the minor or any person interested in the minor's welfare to petition.

Petitioner name: [________________________________]

Relationship to minor: [________________________________]

Address for service: [________________________________]

Facts showing interest in minor's welfare: [________________________________]

5.2 Minor

Full legal name: [________________________________]

Date of birth: [__/__/____]

Address or protected-address filing reference: [________________________________]

Person having principal care and custody now: [________________________________]

School, medical, developmental, disability, counseling, cultural, and religious needs:

[________________________________]

Minor's preference, if known: [________________________________]

5.3 Proposed Guardian

Full legal name: [________________________________]

Relationship to minor: [________________________________]

Address: [________________________________]

Household members: [________________________________]

Employment and schedule: [________________________________]

Experience meeting the minor's needs: [________________________________]

Health or other circumstance affecting ability to serve: [________________________________]

Known conflict, criminal history, child-welfare history, financial conflict, or adverse interest requiring disclosure: [________________________________]

Section 26-2A-76 authorizes appointment of a person whose appointment would be in the minor's best interest. It does not create the file's former blanket county-residency, no-felony, bond, or insurance prerequisites.

5.4 Nomination by Minor Age 14 or Older

Under § 26-2A-76, the court shall appoint the person nominated by a minor age 14 or older unless the court finds the appointment contrary to the minor's best interest.

☐ Minor is under 14.

☐ Minor is 14 or older and nominates: [________________________________]

☐ Minor is 14 or older and does not nominate a guardian.

6. NOTICE AND HEARING PREPARATION

Under Ala. Code § 26-2A-75(b), after filing the court sets a hearing date. The petitioner gives notice in the manner prescribed by § 26-2A-50 to:

1. the minor, if age 14 or older and not the petitioner;
2. each person alleged to have had principal care and custody during the 60 days before filing; and
3. each living parent.

6.1 Notice List

6.2 Hearing Findings

Under § 26-2A-75(c), the court considers whether:

☐ a suitable person seeks appointment;

☐ venue is proper;

☐ required notices were given;

☐ § 26-2A-73(a)'s conditions are met; and

☐ appointment serves the minor's welfare and best interest.

Facts supporting requested appointment:

[________________________________]

[________________________________]

If the minor's interests are or may be inadequately represented, § 26-2A-75(d) permits the court to appoint an attorney for the minor, considering the preference of a minor age 14 or older.

7. REQUESTED SCOPE AND LETTERS

7.1 General or Limited Guardianship

Under Ala. Code § 26-2A-78(e), the court may limit a guardian's otherwise statutory powers and create a limited guardianship. Any limitation must be endorsed on the letters.

☐ General guardianship requested.

☐ Limited guardianship requested.

Powers requested:

☐ Health and medical decision-making

☐ Education and school decisions

☐ Residence and daily care

☐ Receipt and application of support money as permitted by § 26-2A-78

☐ Protective proceeding for property, if needed

☐ Other: [________________________________]

Powers or decisions reserved to parent, custodian, minor, conservator, or court:

[________________________________]

7.2 Proposed Letters

Under § 26-2A-77, letters must indicate whether appointment was by court order or parental appointment.

Requested wording or limitation for county form and proposed letters:

[________________________________]

8. GUARDIAN POWERS AND DUTIES REVIEW

If appointed, the guardian's powers and duties arise from Ala. Code § 26-2A-78 and the court's order, not from a private contract in this guide.

The proposed guardian acknowledges the need to:

☐ become or remain personally acquainted with the minor and maintain sufficient contact to understand the minor's needs, capacities, opportunities, and health;

☐ take reasonable care of personal effects and commence a protective proceeding when needed for other property;

☐ apply available money of the minor to current health, support, education, or maintenance needs;

☐ conserve excess money or pay it at least quarterly to an appointed conservator as the statute directs;

☐ report the minor's condition and any estate subject to the guardian's possession or control when ordered by the court or required by court rule;

☐ comply with limitations stated in the letters and all existing court orders; and

☐ seek court instructions when authority is uncertain.

The statute does not impose the former template's automatic 45-day inventory, annual-report anniversary, 90-day final accounting, mandatory liability insurance, categorical bond, private indemnity, or force-majeure provisions on every guardian of a minor. A conservatorship, local rule, or specific court order may impose separate financial duties.

9. TERMINATION, REMOVAL, AND LATER PROCEEDINGS

Under Ala. Code § 26-2A-79, a guardian's authority and responsibility terminate on the guardian's death, resignation, or removal, or on the minor's death, adoption, marriage, or attainment of majority. Termination does not eliminate liability for prior acts or the duty to account for funds and assets. A resignation is not effective until the court approves it.

Under § 26-2A-81, the ward, if age 14 or older, or any person interested in the ward's welfare may seek removal or another order in the ward's best interest. The guardian may petition to resign.

Successor or transition plan: [________________________________]

Property, records, school, medical, benefit, and care handoff: [________________________________]

10. FUTURE-EFFECTIVE LAW CHECK

Alabama Act 2026-488 / HB 249 is enacted and becomes effective January 1, 2027. It amends general definitions, notice, guardian-ad-litem, court-representative, removal-to-circuit-court, and temporary or emergency adult guardianship and conservatorship provisions.

☐ Planned filing is before January 1, 2027; use the law currently in effect and monitor transition provisions.

☐ Planned filing is on or after January 1, 2027; recheck every affected section and county form before filing.

This guide was verified under the law in effect on August 15, 2026 and must not be treated as a 2027 form update.

11. COUNTY-FORM AND FILING CHECKLIST

☐ Current county Probate Court petition obtained.

☐ Current county cover sheet, confidential-information form, and proposed-order requirements obtained.

☐ Filing fee or hardship-waiver process confirmed.

☐ Certified copies of birth, custody, juvenile, termination, death, incapacity, or parental-nomination records obtained as applicable.

☐ Every required notice recipient identified.

☐ Service method and hearing date coordinated with clerk and counsel.

☐ Minor age 14 or older's nomination, objection, notice, and attorney issues addressed.

☐ Property-management and conservatorship issues separated.

☐ Proposed limited powers stated precisely in the requested order and letters.

☐ Protected addresses and sensitive identifiers handled through the approved procedure.

☐ Existing orders and related proceedings disclosed.

SOURCES AND REFERENCES

• Ala. Code § 26-2A-20 — definitions and future Act 2026-488 version
• Ala. Code §§ 26-2A-70 to 26-2A-72 — minor guardianship status and parental appointment
• Ala. Code §§ 26-2A-73 to 26-2A-77 — court appointment, temporary guardian, venue, petition, notice, selection, and acceptance
• Ala. Code §§ 26-2A-78 to 26-2A-81 — guardian powers, duties, limits, termination, and later proceedings
• Alabama Probate Forms — statewide AOC index; obtain county minor-guardianship forms separately
• Alabama Act 2026-488 / HB 249 — enacted guardianship amendments effective January 1, 2027