Call The Harris Firm LLC today at (205) 201-1789
Nobody wants to take a parent to court. Families reach this page after months of watching — missed medications, an unsafe house, a doctor who cannot accept your consent because the law says it is not yours to give. Guardianship exists for exactly this moment, and done right, it is an act of protection, not control.
In short: A guardian of an incapacitated adult is appointed by the probate court under Alabama Code §26-2A-100 et seq. to make personal decisions the adult can no longer make — living arrangements, medical care, and daily welfare. It is the personal-decisions counterpart to a conservatorship, which handles finances.
The standard: “Incapacitated” means the person cannot make or communicate responsible decisions about their own care — from dementia, stroke, brain injury, developmental disability, or serious mental illness. Bad choices alone are not incapacity; the law protects the right to make decisions others disagree with.
Real due process: The person receives notice and has the right to be represented. Section 26-2A-102 requires three separate checks before any finding of incapacity: an attorney appointed to represent them, who may be given guardian ad litem powers; a physician or other qualified professional appointed to examine them and report in writing; and a court representative to interview them and visit where they live. Alabama law favors limited guardianships: the guardian receives only the powers actually needed.
Try the alternatives first: A durable power of attorney and advance directive, signed while capacity remains, prevent most guardianships entirely. If those documents exist, you may not need this page at all — and if they do not, that is the lesson for the rest of the family. Phone consultations are free.
The Other Guardianship and Conservatorship Proceedings
Guardianship Overview
Both roles, both age groups — and how to tell which proceeding you actually need.
Overview →
Adult — The Property
Conservatorship of an incapacitated adult: accounts, income, and exploitation.
Adult Conservatorship →
Minor — The Child
Guardianship of a minor: authority to raise a child when no parent can.
Guardianship of a Minor →
Minor — The Money
Conservatorship of a minor: an inheritance or settlement a child cannot receive alone.
Conservatorship of a Minor →
How Adult Guardianship Works in Alabama
The petition is filed in the probate court of the county where the person lives, describing the incapacity and why a guardian is needed. The court appoints an attorney to represent the person — who may be granted the powers of a guardian ad litem — orders an examination and written report by a physician or other qualified professional, appoints a court representative to interview the person and visit their home, and sets a hearing. The person is entitled to notice, to attend, and to contest — safeguards that exist because guardianship removes rights, and the law does not do that casually.
If the court finds incapacity, it appoints a guardian — with priority generally given to someone the person previously chose, then spouse, adult children, parents, and other relatives. The order can be tailored: a limited guardianship leaves intact everything the person can still do, and Alabama law prefers exactly that. The guardian then makes the covered decisions, reports to the court, and involves the person in choices to the extent they are able.
When the person also has money or property that needs managing, a conservatorship is typically established in the same proceeding — one petition, one hearing, both roles — which is how most families handle a parent with both care needs and assets.
Guardianship is right when the gap is real: no valid power of attorney exists and none can now be signed; a POA exists but the agent is misusing it; the person is refusing care they demonstrably cannot evaluate; or facilities and doctors require an authority nobody holds. The common scenarios — a parent with advancing dementia, an adult child with a developmental disability turning 19, a spouse after a catastrophic stroke — each have their own rhythm, and we have walked families through all of them.The Adult Guardianship Process
Uncontested cases often conclude in one to three months; emergencies can move much faster.
Free Phone Consultation
We assess whether guardianship is needed or an alternative fits, whether a conservatorship should be paired with it, and quote the fee before anything is filed. Urgent situations — hospital discharges, immediate danger — get flagged for emergency relief.
Petition and Protections
The petition is filed in the county of residence. The court appoints an attorney for your loved one, orders the professional examination and written report Alabama law requires, and appoints a court representative to interview them and visit their home — all three before any finding of incapacity.
Hearing
The court hears the evaluation and the family’s evidence, with the person entitled to attend and be heard. Agreed cases are brief; contested ones are tried — and we prepare every case as if it will be.
Appointment and Letters
The court issues letters of guardianship — tailored to a limited scope where possible — giving you the authority hospitals, facilities, and agencies require.
Serving as Guardian
We guide you through the role — reports to the court, decisions the order covers, and the ones it does not — and handle modifications or termination if your loved one’s condition changes.
Adult Guardianship — Frequently Asked Questions
1.What does an adult guardianship cost at The Harris Firm LLC?
Fees are quoted at your free phone consultation — an agreed guardianship for a parent with clear medical evidence is a very different matter than a contested one between siblings. Court costs, the guardian ad litem’s fee, and the evaluation are separate, and we estimate all of it up front.
2.My mother has a power of attorney naming me. Do I still need a guardianship?
Often not — a well-drafted durable POA plus an advance directive covers most financial and medical decisions without court involvement. Guardianship becomes necessary when the documents don’t exist, don’t cover what is needed, are being challenged, or the person is refusing essential care despite them. Bring the documents to the consultation and we will tell you whether they are enough.
3.Will my loved one know about the case? I don’t want to hurt them.
Yes — notice to the person is mandatory, they are entitled to attend the hearing, and the statute requires three independent safeguards — an attorney appointed for them, a professional evaluation, and a court representative who interviews them and visits their home. That is by design: guardianship removes rights, so the law refuses to do it behind anyone’s back. Handled with care, most families find the process more humane than they feared.
4.Who does the court pick when family members disagree?
Alabama Code § 26-2A-104 sets the order: the spouse, or someone nominated in writing by a deceased spouse; then an adult child; then a parent, or someone nominated in writing by a deceased parent; then a relative the person has lived with for more than six months before the petition; then someone nominated by whoever is caring for or paying for their care. The court can pass over a higher-priority person for good cause, and in bitter disputes may appoint a neutral third party. Families who arrive with an agreed plan almost always fare better than those who make the judge choose.
5.Our disabled son turns 19 soon. Do we need a guardianship?
At 19 your legal authority as parents ends, even if his needs do not. Many families of adult children with significant disabilities establish guardianship at that birthday; others find a limited order, supported decision-making, or powers of attorney (if he has capacity to sign) fit better. Start the conversation about six months before the birthday so nothing lapses.
6.Can a guardianship be undone if they get better?
Yes. Guardianship follows the incapacity — if capacity returns after an injury, illness, or crisis passes, the person (or anyone on their behalf) can petition to modify or terminate the order, and the court restores rights the person can again exercise. Limited orders make that road back shorter, which is one more reason we favor them.
Protect Them With Dignity — Free Phone Consultation
One free call tells you whether your family needs a guardianship, a conservatorship, both, or neither — and what the path costs. If it is urgent, say so; emergencies move first.
Our Adult Guardianship Service Includes
✓ Alternatives-first assessment (POA, directives)
✓ Petition, guardian ad litem, and evaluation coordination
✓ Hearing representation — agreed or contested
✓ Limited orders tailored to actual needs
✓ Companion conservatorship in the same proceeding
✓ Ongoing guidance, modifications, and termination
Call the Office Nearest You
Birmingham — (205) 201-1789
Chelsea — (205) 677-5490
Huntsville — (256) 665-9473
Montgomery — (334) 782-9938
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