Guardianship and conservatorship proceedings in Alabama are governed by Ala. Code § 26-2A-1 et seq. These proceedings determine who has authority over a person’s medical and personal decisions (guardianship) and financial affairs (conservatorship) when that person is alleged to lack capacity to manage those matters independently.
When Litigation Arises
Disputes in guardianship and conservatorship proceedings arise in several contexts: competing petitions from family members seeking appointment, challenges to the alleged incapacitated person’s actual lack of capacity, disputes over the conduct of an existing guardian or conservator, petitions for removal of a guardian or conservator, and accountings that reveal mismanagement or misappropriation of the ward’s assets.
Rights of the Alleged Incapacitated Person
An alleged incapacitated person has the right to legal representation, the right to be present at the hearing, and the right to contest the petition. Guardianship and conservatorship are among the most significant restrictions on individual liberty available in civil court. The proceedings deserve — and Alabama law requires — that those rights be taken seriously.
Guardian Ad Litem and Court Representative Roles
Alabama courts regularly appoint a guardian ad litem or court representative in these proceedings to investigate the circumstances and report to the court. Those reports carry significant weight and are worth understanding before the hearing.
Removal and Modification
An existing guardianship or conservatorship can be modified or terminated if the ward’s condition has changed, if the guardian or conservator has mismanaged the estate or abused their authority, or if the original appointment was not warranted. These proceedings require the same evidentiary rigor as the original appointment.
I represent petitioners, respondents, existing guardians and conservators, and other interested parties in contested guardianship and conservatorship proceedings in Alabama probate court and on appeal. Contact me to discuss your matter.