Alabama Petition for Appointment of Guardian and Conservator

PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR

IN THE MATTER OF ) IN THE PROBATE COURT _____________ COUNTY, ALABAMA

RESPONDENT, )

An Alleged Incapacitated ) Person. ) Case No. _____________

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 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 sufficient 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 accompanying 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 years of age, being born with Social Security number . He/she presently resides at , where he/she has lived .

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 $ which consists of

8. He/She has a monthly income of approximately $ from . The value of his/her estate and income for one year is not more than $ .

[9. (Optional) The monthly expense for his/her care and maintenance will be not less than $ . 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 §§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 , , 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. 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. 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-131.

[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.]

Emergency relief requested

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 and

and order that the Petitioner send notice of the hearing to

by Certified Mail, First Class U. S. Mail or publication].

B. Appoint a physician or other qualified professional to examine 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 (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 Letters of Guardianship and Conservatorship of , as a guardianship and conservatorship with all the powers set out in the Code of Alabama, Sections 26-2A-108, 152 and 153,

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 , .