Full question:
Is there a standard for a person to be a conservator? Example:a person can not manage their own affairs, they quit their job after 18 years no income, forclosure on their home, has several mental breakdowns, files for mental disability and tries to continue their lively hood under Ward income. Can this person continue to be a conservator?
- Category: Conservatorship
- Date:
- State: Alabama
Answer:
In Alabama, the court can appoint a conservator for a person who cannot manage their own affairs. According to Alabama statute § 26-2A-138, the court considers various individuals for this role in a specific order:
- A conservator or guardian recognized by another court.
- An individual nominated by the protected person who is at least fourteen years old and has sufficient mental capacity.
- An attorney-in-fact with broad powers under a valid durable power of attorney.
- The spouse of the protected person or a person nominated by a deceased spouse's will.
- An adult child of the protected person.
- A parent of the protected person or a person nominated by a deceased parent's will.
- A relative who has resided with the protected person for more than six months before the petition.
- A person nominated by someone caring for or paying benefits to the protected person.
- A general guardian or sheriff when no other qualified person applies.
Individuals in the higher priority categories can designate a substitute if they choose. If multiple individuals have equal priority, the court will select the most suitable person to serve as conservator, always acting in the best interest of the protected person. The court may bypass a higher-priority individual if it finds someone with lower priority better suited for the role.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.