Harville-Stein Law Offices

WHAT IS A CONSERVATORSHIP AND GUARDIANSHIP?
A Conservatorship is used to manage the business and financial affairs of a person who has become incapacitated or otherwise unable to handle their affairs themselves due to illness, injury or incapacity of age, either a minor child, a person under the age of 19 in Alabama, or due to advanced age combined with sufficient degree of incapacitation from dementia, or mental infirmities. The Guardianship deals with making decisions over a persons “body” or well being, including living arrangements, healthcare and other important life decisions. A Conservator and a Guardian are the individuals appointed by the Probate Court over such incapacitated people. Keep in mind the difference between a Conservator and a Guardian is that a Conservator is appointed to protect the assets and manage the financial affairs of the incapacitated person; while a Guardian is appointed to be responsible for the health, welfare and care of the individual. A person may have a Conservator but no Guardian or vice versa. Either of these positions can be held by a family member, an interested person, or an attorney or other person appointed by the Court, including a County Conservator.

The Alabama Probate Attorneys at Harville-Stein Law Offices, LLC, have years of experience establishing and representing Conservatorships. Attorney Dean Stein has a financial education and background, while Attorney Susan Harville-Stein has a Masters degree in Social Work and is a Licensed Certified Social Worker. We render service by helping incapacitated persons and their families. Conservators are required to make inventories, keep good financial records, and to submit an accounting at least once every three years to the Probate Court for approval. The legal name for a person whom a guardian or a conservator has been appointed for is an “incapacitated person”, a “person in need of protection” or a “Ward”. Any qualified person may be appointed by the court to be a Guardian for an adult Ward; however the state law establishes the following priorities:

person named in a durable power of attorney
spouse or spouses’ nominee
adult child
parent or parent’s nominee
relative with whom person has lived the prior 6 months
nominee of caretaker of person

For a minor, a person under the age of 19 in Alabama, the court may appoint any person who the court deems would be in the best interest of the minor to be his/her Guardian. However, if the minor is 14 years old, or older, the minor is able to nominate his own guardian, as long as the court does not find appointment of that person to be contrary to the minor’s best interest. Parents have priority.

Once appointed Guardian, the appointee (whether an attorney, family member, or an interested person) has the power to do the following:

must assume responsibilities of a parent
must become personally acquainted with ward
must take reasonable care of ward’s personal effects
must apply available money for current needs or health, support, education and maintenance
must conserve excess money
must report the condition of the ward to the court
may receive limited funds for support of the ward
may take custody of ward and establish a home
may compel payment of support
may consent to medical care
may consent to marriage or adoption

Conservators will typically have to be able to qualify for a “bond”, which must be purchased and filed with the Probate Court to insure against any wrongful handling of the Ward’s funds. The cost of such bond is usually taxed against the funds of the Conservatorship. Conservators are also generally permitted fees for their efforts, to be paid upon application to the Probate Court and approval by the Court.

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