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What is a petition for letters of administration in Alabama?

If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate. Forms are also available in Montgomery Countys Probate Court for filing this petition.

What is the difference between guardianship and power of attorney in Alabama?

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

Who can be a conservator in Alabama?

Who can serve as a Conservator? A family member or any interested person with the priorities as follows: conservator appointed in another jurisdiction. person selected by incapacitated person.

How do you become a conservator in Alabama?

For an adult to be appointed a guardian or conservator in Alabama, a court must find the person to be incapacitated. Incapacity has two parts a cause and effect. The causes can be a mental illness or deficiency, physical illness or disability, or even chronic use of drugs or alcohol.

How to file for conservatorship in Alabama?

WHAT ARE THE STEPS FOLLOWED IN APPOINTING A GUARDIAN OR CONSERVATOR FOR AN ADULT? Petition filed. Appointment of a guardian ad litem. Examination by physician. Appointment of courts representative. Hearing. Jury at hearing if demanded. Bond for conservator. Order granting petition.

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Does conservatorship end at death in Alabama?

Once appointed, a guardian or conservator must be discharged by the judge to end the guardianship or conservatorship. Reasons for discharge include the death of the ward or conservatee, the wards return to capacity or the guardian/conservators inability to fulfill his or her duties.

What is the guardianship law in Alabama?

Alabama law favors a limited guardianship. A limited guardianship is a guardianship in which the guardian has more specific authority in caring for the ward. The guardians limitations are usually explicitly expressed in an Order by a Probate Court granting guardianship.

What is incapacity in Alabama?

Incapacitated person is any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, physical or mental infirmities. accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause.

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Does conservatorship end at death in Alabama?

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