Birmingham Guardianship Lawyer
Representing Clients in Jefferson, Shelby, and St. Clair Counties
While it is saddening to think about, there can come a time when those whom we love gradually arrive at a place where they can no longer handle their financial, legal, and personal matters, whether due to old age or illness.
Alternatively, if a minor loses parents due to a tragic death, or must be safeguarded from a dangerous domestic situation, that child will need someone to take care of them.
When this occurs, family or trusted friends can step in and offer their support. However, to help pay more than a couple of bills, the state of Alabama often requires legal guardianship or conservatorship.
This process can be very complicated and confusing with the dedicated advice of a Birmingham guardianship attorney.
Rely on the Law Office of Albert Moore to help you navigate through even the most challenging aspects of the guardianship process. Give us a call at (205) 453-1549 or contact us online today to get started.
How Does Guardianship Work in Alabama?
A legal guardianship is defined as a relationship where one person is the primary caretaker of a young person or adult who is unable to take care of themselves physically, mentally, or financially. In the case of a minor, the parents are usually deceased, incapacitated, or have lost their parental rights to due some criminal behavior.
In the case of an adult, the individual may not have the mental clarity to properly care for their:
Or legal affairs
The way this guardianship is transferred is by the means of “protective proceedings,” a term for the court’s appointment of a reliable individual to care for all the primary needs of the ward.
During the court hearing, evidence must be brought forward that proves the trustworthy nature of the caretaker or guardian, along with proof that they can properly care for all the ward’s needs.
What Are the Responsibilities of a Guardian in Alabama?
In Alabama, there are certain duties that a guardian needs to fulfill. According to ALA. CODE § 26-2A-108, all guardians must care for the physical health and basic need of the ward, but also any education, maintenance, or additional support they require.
Some of the specific duties of a guardian include:
- Knowing critical needs, abilities, limitations, and any other requirements of the ward.
- Safeguarding the property, assets, and personal items and effects of the ward.
- Responsibly utilizing the ward’s finances for any of their needs, such as medical visits, schooling, therapy, or any other requirements.
- Saving all remaining money for the ward’s needs in the future.
Helping Clients Navigate Through Complications of Guardianship
While Alabama’s court system gives certain guidelines that must be followed for appointing guardianship, every case is unique and has its own challenges and complications. If there was no will or trust created before an adult became incapacitated, for example, it might be difficult to determine which family member will be awarded guardianship.
If a child’s biological parent petitions for parental rights, guardianship might be more difficult to obtain. No matter the situation, having a powerful Birmingham guardianship lawyer can help you with dedicated representation.