Guardianships are important in protecting people who cannot make decisions for themselves. In Alabama, several types of guardianships may apply depending on the situation. If you are planning your estate, it is important to carefully assess all of your options.
Below are some key facts on the types of guardianships in Alabama.
Guardianship of a minor
When a child’s parents are unable to care for them due to death, illness or other reasons, the court may appoint a guardian. A guardian of a minor is responsible for the child’s daily needs, health care and education. In Alabama, you can name a guardian for your child in your will. This gives the court clear guidance if something happens to you.
Guardianship of an adult
Adults who cannot make decisions due to illness, injury or disability may need a legal guardian. This is often called an adult guardianship or guardianship of an incapacitated person. The guardian may be granted the authority to make decisions about health care, living arrangements and more. The court must find that the adult is legally incapacitated before appointing a guardian.
Limited vs. full guardianship
Guardianships can be limited or full. In a limited guardianship, the guardian only controls certain aspects of a person’s life, like medical care. In a full guardianship, the guardian has authority over nearly all personal decisions. Courts in Alabama try to tailor guardianships to meet the person’s specific needs.
Choosing a guardian in advance helps avoid family conflict and protects vulnerable individuals. If you have minor children or care for someone with special needs, then guardianships may be highly useful. To explore your options in more detail, it may help to seek some legal guidance.