Fill and Sign the Alabama Petition for Appointment of Guardian and Conservator Form

IN THE MATTER OF ) IN THE PROBATE COURT RESPONDENT, ) _____________ COUNTY,ALABAMA An Alleged Incapacitated ) Person. ) Case No. _____________ PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR Comes now Petitioner [on behalf of ___________________ County Department of Human Resources], and petitions the Court for appointment of a Guardian and of a Conservator for Respondent, showing the Court as follows: 1. Your petitioner is ________________________________________ [ RELATION OF PETITIONER TO RESPONDENT ] and a person interested in the welfare [or estate] of respondent. 2. Petitioner has _________________________________ since ______________, _______________. Petitioner is _________ [ PETITIONER'S AGE] years of age, is employed by ______________________________ [ WHOEVER], and resides at ______________________________________________ [ ADDRESS OF PETITIONER] . 3. Respondent is an incapacitated person within the meaning of the Code of Alabama , Section 26-2A-20(8), in that he/she is impaired by reason of [mental and physical infirmities accompanying advanced age], to the extent of lacking sufficie nt understanding, memory and capacity to make and communicate responsible decisions. 4. Respondent is also a person in need of protection within the meaning of Code of Alabama, Section 26-2A-130(c), in that he/she is unable to manage property and business affairs effectively by reason of [physical and mental infirmities acc ompanying advanced age] and in that he/she has property that will be wasted unless property management is provided and in that funds are needed for his/her health, support and maintenance, and protection is necessary to obtain and provide the funds. 5. Respondent is _______________________ [ AGE IN NUMBERS] years of age, being born _______________________ [ DATE OF BIRTH] with Social Security number _______________________ [ SOCIAL SECURITY NUMBER]. He/she presently resides at ______________________________________________ [ ADDRESS OF RESPONDENT] , where he/she has lived _______________________ [ YEARS AT ADDRESS] . _________________________________________________ __________________________ [HERE INCLUDE HISTORICAL INFORMATION REGARDING SOCIAL SUPPORT AND USE OF RESOURCES] . 6. HERE DESCRIBE IN DETAIL THE NATURE AND EXTENT OF DISABILITY. INCLUDE ANY HISTORICAL OR CURRENT INFORMATION THAT WILL FACILITATE UNDERSTANDING OF INCAPACITY . ___________ ________________________________________________________________________________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 7. Respondent has an estate of the value of not more than $______________________ [ DOLLAR AMOUNT OF TOTAL ESTATE] which consists of _______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________________________________________________________________________________ [ LIST PROPERTY SUCH AS HOME, ITS TAX OR OTHER APPRAISAL OR ESTIMATED VALUE, AND SAVINGS AND OTHER ASSETS AND THEIR VALUE. STATE WHETHER IT IS PROPOSED THAT ANY ASSETS BE PLACED BEYOND THE AUTHORITY OF DISPOSITION BY THE CONSERVATOR] . 8. He/She has a monthly income of approximately $ ___________________ [ DOLLAR AMOUNT OF MONTHLY INCOME] from ________________________ [ SOURCE OF MONTHLY INCOME] . _____________________________________ [ IF BENEFITS ARE RECEIVED UNDER THE SOCIAL SECURITY NUMBER OF ANOTHER, GIVE THAT NAME AND SOCIAL SECURITY NUMBER] . The value of his/her estate and income for one year is not more than $ ___________________ [ DOLLAR AMOUNT OF TOTAL ESTATE TO BE ADMINISTERED BY CONSERVATOR AND ANNUAL INCOME] . [9. (Optional) The monthly expense for his/her care and maintenance will be not less than $ _______________________ [ DOLLAR AMOUNT OF ESTIMATED MONTHLY EXPENSE] . IF NEEDED, HERE STATE WHETHER REAL ESTATE NEEDS TO BE SOLD, APPRAISAL, AND OTHER ACTIONS THAT NEED TO BE TAKEN, AND REASONS FOR SUCH ACTIONS. ] _____________ _______________________________________________________________________ 10. HERE STATE WHETHER RESPONDENT HAS A SPOUSE, ADULT CHILDREN, OR LIVING PARENTS; GIVE NAME AND ADDRESS AND TELEPHONE NUMBER OF EACH AND WHETHER ADULT CHILDREN LIVE IN ALABAMA, AND IF NONE OF THESE, THE NEAREST OF KIN IN SUFFICIENT FORM TO DETERMINE NOTICE PURSUANT TO §§103 OR 134 AND WHO HAS A PRIORITY FOR APPOINTMENT PURSUANT TO SECTIONS §§104 OR 138. ________________________________________________ ________________________________________________________________________________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 11. HERE STATE RELATION OF RESPONDENT TO NOMINEE OR NOMINEES THAT SUPPORTS NOMINATION, SUCH AS POWER OF ATTORNEY, DURABLE POWER OF ATTORNEY, EXECUTOR IN WILL, CO- SIGNATOR ON ACCOUNTS, OR OTHER TRUST OR ASSISTANCE . _________ ________________________________________________________________________________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 12. HERE STATE WHETHER RESPONDENT HAS AN ATTORNEY TO REPRESENT THE RESPONDENT, AND GIVE NAME AND ADDRESS AND TELEPHONE NUMBER, OR: ____________________________________________ ________________________________________________________________________________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 13. His/Her present physician is _______________________ [ NAME OF DOCTOR], ______________________________________________ [ ADDRESS AND TELEPHONE NUMBER OF DOCTOR], who will be able to provide the Court the examination of respondent and report of his/her condition. 14. Petitioner is informed and believes that respondent requires a guardian who can make responsible decisions for him/her and give consent for care and treatment of the Ward. _______________________ [ GUARDIAN NOMINEE] is the person best suited to be appointed guardian, and there is no other person [suitable] with greater priority for such appointment under the Code of Alabama, Section 26-2A-104. 15. Petitioner is informed and believes that respondent requires a conservator because he/she is unable to manage property and business affairs effectively because of [physical and mental infirmities accompanying advanced age]; that he/she has property that will be wasted unless management will be provided; and that funds are needed for his/her support and maintenance. _______________________ [CONSERVATOR NOMINEE] is the person best suited to be appointed conservator, and there is no other person [suitable] with greater priority under the Code of Alabama, Section 26-2A-138. 16. Because his/her estate and funds may be wasted, notice of filing this petition and notice of hearing should include notice of the statutory protection of respondent's estate under the Code of Alabama , Section 26-2A- 13 1. [17. (Optional) An emergency exists, in that decisions need to be made concerning respondent's care and treatment, funds are needed immediately for care of respondent, and there is no person who has authority to act in these circumstances. Affidavits (or reports) from the physician, social worker or nurses are attached hereto and made a part of this petition. A temporary guardian is needed with authority to use respondent's income and expend such funds for the immediate needs of respondent.] WHEREFORE, your Petitioner prays that the Court: A. Issue an order setting this petition down for hearing [including notice of the Court's exclusive jurisdiction over the estate of the respondent]; with personal service of the petition and notice of hearing to _______________________ [ RESPONDENT] and ____________________________________________________________________ [ HERE NAME SPOUSE, ADULT CHILDREN WHO LIVE IN THE STATE, OR IF NO ADULT CHILDREN, PARENTS LIVING IN THE STATE, AND IF NONE OF THESE NEAREST OF KIN LIVING IN THE STATE]; and order that the Petitioner send notice of the hearing to ________________________________________ [ HERE NAME OTHER PERSONS TO BE NOTIFIED PURSUANT TO 26-2A-103 by Certified Mail, First Class U. S. Mail or publication]. B. Appoint a physician or other qualified professional to examine _______________________ [ RESPONDENT] and submit a report in writing to the Court. C. Appoint an attorney with powers of a Guardian Ad Litem to represent the interests of _______________________ [ RESPONDENT] (IF PERSON DOES NOT HAVE AN ATTORNEY) and Court Representative who shall interview Petitioner and the person(s) nominated to be guardian and conservator and visit respondent at the place of his/her abode, and visit the place where it is proposed that respondent shall reside, and submit a report in writing to the Court. D. Find upon hearing that respondent is an incapacitated person in need of a guardian and conservator, and grant to _______________________ [ NOMINEE] Letters of Guardianship and Conservatorship of _______________________ [ RESPONDENT], as a guardianship and conservatorship with all the powers set out in the Code of Alabama, Sections 26-2A-108, 152 and 153, ____________________________________________ ________________________________________________________________________ HERE STATE ADDITIONAL POWERS OR LIMITATION OF POWERS SUCH AS: [and with additional authority endorsed thereon to sell real estate subject to the confirmation of the Court], with bond set thereon at $ _______________________ [DOLLAR AMOUNT OF TOTAL ESTATE AND ANNUAL INCOME, EXCEPT ASSETS REQUIRING COURT APPROVAL FOR DISPOSAL]. Respectfully submitted on this the ________ day of _____________, _________. FOR PETITIONER ___________________________, ______________ Name Title Address: __________________________________________ __________________________________________ __________________________________________