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Authority, Appointment, and Duty of Guardians in Alabama

When a person needs special protection (such as a minor child or mentally disabled person), Alabama courts generally have the power to appoint a guardian for that person. A legal guardian has the authority, as well as the legal duty, to look out for the personal and property interests of another person. In the probate context, the issue often arises when a child inherits property and the judge appoints a person to manage the child’s property. This situation can arise when the child has no parents, or when the child’s parents are incapable of making such decisions. This is known as a “Guardianship of the Estate.”

Guardianship is marked by continual supervision by the court. It can become burdensome, since every decision the guardian makes for the child requires approval from the court. A similar option is custodianship, which comes with virtually the same duties but entails a presumption in favor of the custodian. A custodianship requires court approval of a decision only if the minor or an interested party complains about the decision. A guardianship or custodianship will generally last until the child turns 18 or is adopted; whichever comes first. There are a variety of situations in which a guardianship or custodianship may be the best option. If you or someone you know needs an Alabama guardianship attorney, the Houston County probate attorneys at Boles Holmes White can help. Our Dothan legal team can assist you whether you live in Cottonwood, Columbia, Rehobeth, Ozark, Geneva, Troy, or anywhere in the Dothan area.  Just email us or give us a call today at 334-366-6086 to discuss your Alabama guardianship needs.


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