Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Alabama to guide your specific situation.
Detailed Answer
When an elderly family member can no longer make personal or financial decisions, Alabama law provides two main solutions: Power of Attorney and Guardianship.
1. Power of Attorney
Under Alabama Code Title 26, Chapter 1A (Power of Attorney Act), an individual (the principal) can appoint an agent to act on their behalf. There are two common types:
- Durable Power of Attorney: Remains effective if the principal becomes incapacitated.
- Springing Power of Attorney: Takes effect only upon a specified event, typically a doctor’s certification of incapacity.
To create a valid power of attorney in Alabama, the principal must:
- Be at least 19 years old.
- Sign the document in the presence of a notary public.
- Specify the powers granted, such as banking, real estate, or healthcare decisions.
2. Guardianship (Conservatorship)
If the individual has not executed a power of attorney or if the appointed agent is unable or unwilling to serve, you can petition the Probate Court for guardianship under Alabama Code Title 26, Chapter 2 (Guardianship of Incompetent Persons). The court must determine that the person is “incapacitated,” meaning unable to manage property or care for themselves.
- Guardian: Responsible for personal care, including housing, medical care, and daily living decisions.
- Conservator: Manages financial affairs, such as paying bills, investing assets, and tax matters.
The guardianship process involves:
- Filing a petition in the local Probate Court.
- Providing medical evaluations to prove incapacity.
- Notifying the proposed ward and close relatives.
- Attending a court hearing, where a judge appoints a guardian or conservator if needed.
Helpful Hints
- Review existing estate planning documents before taking action.
- Discuss options with the elderly heir to respect their preferences.
- Keep detailed records of all financial transactions and decisions.
- Renew or review power of attorney documents periodically.
- Seek court-supervised guardianship only when less restrictive options are unavailable.
- Consult a probate attorney to streamline filings and hearings.