Guardians and conservators are both roles appointed by a court to assist individuals who cannot care for themselves or manage their affairs, but the roles have different responsibilities. In some cases, the same person can be appointed as both a conservator and guardian, taking on both sets of responsibilities. They are typically a family member, someone who has power of attorney or a candidate chosen by the person’s caretaker.
Guardians are responsible for the personal well-being of an individual, often called the ward. They make decisions about the ward’s daily life, including healthcare, living arrangements, education and general welfare. Guardians are often appointed for minors or adults who are incapacitated and unable to make personal decisions for themselves.
Conservators are responsible for managing the financial affairs and assets of a person, often referred to as the conservatee. Typical tasks include paying bills, managing investments and protecting the financial interests of the conservatee’s estate. While their duties are different, they are often appointed for a similar reason—the conservatee can no longer manage their financial matters due to age, disability or incapacity.
What is the process of appointing one?
In Alabama, appointing a Guardian or Conservator involves several steps. Here’s a general overview:
- File a petition: The process begins with filing a petition in the probate court.
- Appoint a guardian ad litem: The court appoints a guardian ad litem to represent the interests of the person for whom guardianship or conservatorship is for.
- Medical examination: The individual, often referred to as the respondent, is examined by a physician to assess their mental and physical condition.
- Appointment of a court representative: The court appoints a representative to investigate and report on the need for the conservator or guardian.
- Hearing: The court holds a hearing during which a jury may be present if requested.
- Bond for conservator: The conservator may need to post a bond if they are appointed.
- Order granting petition: If the judge determines that guardianship or conservatorship is necessary, an order is issued granting the petition.
Outside legal guidance is often helpful
The legal complexity of each job often requires the services of a trained estate law attorney. Morevoer, the Probate Judge cannot advise the petitioner of the law or provide you with forms. The attorney can guide families, loved ones and candidates through the entire process.