Guardianship and conservatorship in Alabama: who, where, cost

How a court can name a guardian or conservator in Alabama, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian of an incapacitated person (general or limited); conservator of a protected person's estate.

Court
Probate court of the county where the person lives or is present.

What guardianship or conservatorship is

What it is called

Guardian of an incapacitated person (general or limited); conservator of a protected person's estate

When a court may appoint one

An 'incapacitated person' lacks sufficient understanding or capacity to make or communicate responsible decisions because of mental illness, deficiency, physical illness or disability, advanced age, chronic drug use or intoxication, or other cause. The court must encourage maximum self-reliance and independence and make orders only to the extent the person's limitations require; it may limit the guardian's powers (limited guardianship). The person is examined by a court-appointed physician, interviewed by a court representative, and is entitled to a lawyer and, on demand, a jury.

Law: Ala. Code §§ 26-2A-20(8), 26-2A-102, 26-2A-105

Kinds
  • General guardian
  • Limited guardian
  • Temporary guardian (emergency)
  • Conservator
  • Protective order or single transaction without a conservator

Law: Ala. Code §§ 26-2A-100 to 26-2A-111, 26-2A-130 to 26-2A-137

Who can ask, which court and your own choice

Who may ask

The incapacitated person or any person interested in their welfare. A custodial parent or adult custodial sibling of an adult child with an intellectual disability may file a simpler written request.

Law: Ala. Code § 26-2A-102(a); § 26-2A-102(e)

Court

Probate court of the county where the person lives or is present.

Law: Ala. Code § 26-2A-101

Choosing your own

In a power of attorney you may nominate a conservator or guardian; the court must follow your most recent nomination except for good cause or disqualification.

Law: Ala. Code §§ 26-1A-108(a), 26-2A-104(b)

Effect on a power of attorney

If a court appoints a conservator for all or nearly all of your property, the agent is accountable to the conservator as well as to you, and the conservator has the same power to revoke or amend the power of attorney that you would have. A durable power of attorney ends any supported decision-making agreement unless it expressly continues it.

Law: Ala. Code § 26-1A-108(b); § 26-1B-7(b)(7)

Cost, fee waiver and forms

Steps

Steps

Other options and where to report abuse

Supported decision-making

Colby Act (supported decision-making agreements), Ala. Code Title 26, Chapter 1B

Effective 2023 (Act 2023-134)

An adult may choose supporters to help them make, communicate and carry out their own decisions, as an alternative to guardianship or conservatorship. The adult may change or revoke it at any time in writing, with a copy to each supporter. Signing a durable power of attorney ends the agreement unless the power of attorney expressly continues it.

The agreement must be in writing, dated, and signed by the adult in the presence of a notary public, name at least one supporter (18 or older), describe the help each supporter gives, and include a signed consent from each supporter.

Source: Official text

Less restrictive options
  • Durable power of attorney: An agent you name can handle money and property without a court case; you can also nominate your future guardian or conservator in it.
  • Advance directive and health care proxy: Your written wishes and proxy can guide end-of-life care without a guardian.
  • Supported decision-making agreement: You keep the right to decide and choose supporters to help.
  • Protective arrangements and single transactions: The probate court can authorize a single transaction or protective arrangement instead of appointing a conservator.
  • Limited guardianship: The court may limit a guardian's powers to what the person cannot do.
Report abuse or exploitation

Alabama Department of Human Resources, Adult Protective Services · 1-800-458-7214

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: Ala. Code §§ 26-1B-1 to 26-1B-10

Free help in Alabama

Report abuse or exploitation

Alabama Department of Human Resources, Adult Protective Services · 1-800-458-7214

Questions about powers of attorney in Alabama

How does guardianship or conservatorship work in Alabama?

An 'incapacitated person' lacks sufficient understanding or capacity to make or communicate responsible decisions because of mental illness, deficiency, physical illness or disability, advanced age, chronic drug use or intoxication, or other cause.

What are the alternatives to guardianship in Alabama?

Durable power of attorney; Advance directive and health care proxy; Supported decision-making agreement; Protective arrangements and single transactions; Limited guardianship.

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