PETITION FOR APPOINTMENT OF GUARDIAN
(Alabama – Probate Court Form)
*[// GUIDANCE: This template is drafted for use in any Alabama Probate Court proceeding seeking appointment of a guardian for a minor or incapacitated adult under Ala. Code tit. 26, ch. 2A (Alabama Uniform Guardianship and Protective Proceedings Act). Customize bracketed fields and delete inapplicable options (e.g., “Minor” vs. “Incapacitated Person”).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
IN THE PROBATE COURT OF [COUNTY] COUNTY, ALABAMA
Case No.: ___
In the Matter of:
[WARD FULL LEGAL NAME],
a ☐ Minor ☐ Proposed Incapacitated Person (“Ward”)
PETITIONER: [PETITIONER FULL LEGAL NAME]
Relationship to Ward: [RELATIONSHIP]
PROPOSED GUARDIAN: [GUARDIAN FULL LEGAL NAME]
Verified Petition for Appointment of ☐ Limited ☐ Plenary Guardian pursuant to Ala. Code tit. 26, ch. 2A.
Effective Date: Upon filing with the Probate Court of [COUNTY] County, Alabama (“Court”).
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below:
“Act” means the Alabama Uniform Guardianship and Protective Proceedings Act, Ala. Code tit. 26, ch. 2A.
“Bond” means the surety bond required under Section __ of the Act and Court order, securing performance of the Guardian’s fiduciary duties.
“Guardian” means the individual appointed by this Court to exercise the powers and duties set forth herein with respect to the Ward.
“Guardianship Estate” means all legal rights, powers, and responsibilities over the person ☐ and/or property of the Ward granted by Court order.
“Minor” has the meaning ascribed in Ala. Code § 26-2A-20(12).
“Incapacitated Person” has the meaning ascribed in Ala. Code § 26-2A-20(8).
“Report” means the periodic guardianship report required by Ala. Code § 26-2A-___ and Section 5.5 of this Petition.
3. OPERATIVE PROVISIONS
3.1 Relief Requested. Petitioner respectfully requests that the Court:
(a) Appoint [GUARDIAN NAME] as ☐ Limited ☐ Plenary Guardian of the Ward;
(b) Determine that the Ward ☐ is a Minor ☐ lacks capacity under Ala. Code § 26-2A-___;
(c) Issue Letters of Guardianship in the form attached hereto as Exhibit A;
(d) Fix Bond in the amount of $ [AMOUNT] pursuant to Section 7.2; and
(e) Grant all further protective orders the Court deems just.
3.2 Duration. Guardianship shall continue until the earlier of (i) the Ward’s attainment of majority; (ii) restoration of capacity; (iii) death of the Ward; or (iv) further Court order.
3.3 Scope of Powers.
(a) Limited Guardianship – enumerate specific powers (e.g., medical consent, educational decisions).
(b) Plenary Guardianship – all powers authorized under the Act.
3.4 Conditions Precedent. Appointment is conditioned on (i) filing of Bond; (ii) acceptance of appointment by Guardian; (iii) service of statutory notices; and (iv) entry of Court’s Decree.
3.5 Consideration. No monetary consideration is exchanged; appointment is based on statutory fiduciary duty.
4. REPRESENTATIONS & WARRANTIES
4.1 Petitioner’s Representations. Petitioner represents that:
(a) All statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief;
(b) Venue and jurisdiction lie properly with this Court;
(c) The Ward’s known next-of-kin are listed in Schedule 1 attached hereto; and
(d) No prior guardianship of the Ward is pending or has been granted in any jurisdiction.
4.2 Guardian’s Qualifications. Proposed Guardian:
(a) Is over 19 years of age and a resident of [COUNTY] County, Alabama;
(b) Has no felony convictions and is not disqualified under the Act;
(c) Consents to jurisdiction of this Court for all matters arising from the Guardianship Estate; and
(d) Is willing and able to discharge fiduciary duties consistent with Ala. Code § 26-2A-___ and Section 5 below.
4.3 Survival. Representations in this Section survive issuance of Letters of Guardianship.
5. COVENANTS & RESTRICTIONS
5.1 Fiduciary Standard. Guardian shall act in the Ward’s best interests, exercising the care, diligence, and prudence of a reasonable person managing the affairs of another.
5.2 Statutory Compliance. Guardian shall comply with all requirements of the Act, Alabama Probate Rules, and any local rules of this Court.
5.3 Notice Obligations. Guardian shall provide written notice to the Court and all interested parties within ten (10) days of any change in the Ward’s residence, health status materially affecting care, or Guardian’s own address.
5.4 Record-Keeping. Guardian shall maintain contemporaneous records of all decisions and expenditures on behalf of the Ward for inspection by the Court or interested parties upon reasonable request.
5.5 Reporting Requirements.
(a) Initial Inventory/Plan. Within forty-five (45) days after issuance of Letters, Guardian shall file an initial care plan and, if applicable, inventory of assets.
(b) Annual Reports. On or before the anniversary of appointment, Guardian shall file an annual Report detailing the Ward’s physical condition, living arrangements, education/therapy status, and financial transactions.
(c) Final Accounting. Within ninety (90) days after termination of guardianship, Guardian shall file a final accounting and care report.
5.6 Restrictions. Guardian shall not (a) consent to the involuntary commitment of the Ward, (b) place the Ward in a nursing facility for more than sixty (60) consecutive days, or (c) withhold life-sustaining treatment, absent prior Court approval or as otherwise provided by Alabama law.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute defaults:
(a) Failure to file required Bond or Reports;
(b) Breach of fiduciary duty, misappropriation, or neglect;
(c) Material misrepresentation in this Petition or subsequent filings;
(d) Conviction of Guardian for a felony or offense involving moral turpitude.
6.2 Notice & Cure. Except in emergencies, the Court shall provide written notice of default and a fourteen (14)-day opportunity to cure before taking further action.
6.3 Remedies. Upon default the Court may, in its discretion:
(a) Suspend or remove the Guardian;
(b) Appoint a Successor Guardian;
(c) Surcharge the Guardian personally for losses;
(d) Forfeit or call the Bond;
(e) Issue protective orders, including injunctions, asset freezes, or contempt citations.
6.4 Attorneys’ Fees & Costs. The Court may award reasonable attorneys’ fees and costs against the defaulting Guardian, chargeable against the Bond or personal assets.
7. RISK ALLOCATION
7.1 Indemnification. Guardian shall indemnify and hold harmless the Ward and Guardianship Estate from any loss, liability, or expense arising out of Guardian’s breach of fiduciary duty or willful misconduct.
7.2 Bond Requirement. Prior to issuance of Letters, Guardian shall post Bond in the penal sum of $ [AMOUNT] with corporate surety approved by the Court, conditioned upon faithful discharge of all duties and compliance with statutory accounting.
7.3 Insurance. [Optional] Guardian shall maintain liability insurance in coverage amounts not less than $ [AMOUNT] per occurrence, naming the Guardianship Estate as additional insured.
7.4 Force Majeure. Guardian’s nonperformance is excused to the extent rendered impossible by acts of God, war, or governmental order, provided that Guardian promptly notifies the Court and seeks instructions.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Petition and all proceedings hereunder are governed by the laws of the State of Alabama, including the Act and applicable Probate Court rules.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the Probate Court of [COUNTY] County, Alabama.
8.3 Arbitration. Not available.
8.4 Jury Waiver. Jury trial is not available in probate guardianship matters; all issues shall be heard by the Court.
8.5 Injunctive Relief. The Court retains continuing jurisdiction to issue protective orders, temporary restraining orders, and other equitable relief as necessary to safeguard the Ward.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment to the Letters of Guardianship or this Petition shall be made by written order of the Court. No waiver of any provision constitutes a waiver of any other provision.
9.2 Assignment. Guardian may not delegate or assign guardianship powers without prior Court approval.
9.3 Successors & Assigns. This Petition binds and inures to the benefit of the Ward, Guardian, Petitioner, and their respective heirs, representatives, and permitted assigns.
9.4 Severability. If any provision is held invalid, the remaining provisions remain in full force to the maximum extent permitted by law.
9.5 Integration. This Petition, together with all schedules and exhibits, constitutes the entire request for relief; no prior statements or documents shall modify its terms absent Court order.
9.6 Counterparts & Electronic Signatures. This Petition may be executed in counterparts, including facsimile or electronically signed counterparts, each of which is deemed an original.
10. EXECUTION BLOCK
Respectfully submitted this ___ day of ____, 20__.
PETITIONER
[PETITIONER NAME], Petitioner
PROPOSED GUARDIAN
I hereby accept the appointment if made, submit to the jurisdiction of this Court, and acknowledge my fiduciary duties under Alabama law.
[GUARDIAN NAME], Proposed Guardian
VERIFICATION
STATE OF ALABAMA )
COUNTY OF [COUNTY] )
Before me, the undersigned Notary Public, personally appeared [PETITIONER NAME], who, being duly sworn, deposes and says that the foregoing Petition is true and correct to the best of his/her knowledge, information, and belief.
[PETITIONER NAME]
Subscribed and sworn to before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: _____
Exhibits & Schedules
• Exhibit A – Proposed Letters of Guardianship
• Schedule 1 – Next-of-Kin & Interested Parties
• Schedule 2 – Proposed Guardianship Plan (if limited)
• Schedule 3 – Asset Inventory (if applicable)
[// GUIDANCE:
1. File original plus required copies with the Probate Court clerk; serve all “interested parties” per Ala. Code § 26-2A-___ (min. 14 days before hearing).
2. Verify local standing orders for additional forms (e.g., Personal Data Sheet, Criminal Background Check).
3. Confirm Bond sufficiency annually; court may increase or reduce.
4. For minors, supplement with parental consent or statement of parental inability if applicable.
5. Delete optional insurance clause if Bond provides adequate protection.]