1. Guardians and / Conservators

2. Guardians Of Persons
GUARDIAN l
WARD
l l
Minor Incapacitated
Person

3. Guardians of Minors Parents Non parents Will
Delegate Temporary Guardian 1 year
(Court may appoint not to exceed 6 months)
Effective upon acceptance
Non parents
Court Appointment
Petition to Judge of Probate
Where minor resides or
Present at time of filing

4. Payments to minor Less than $5,000 $3,000 per year < $25,000
Paid to parent
Notice of payment filed with Probate Judge
Greater amounts require Conservator

5. Court appointment of Guardians of Minors
Petition
G.A.L. (Minor 14 or more may nominate)
Notice of hearing to necessary parties
Order granting Guardianship
Acceptance of Guardianship
Letters of Guardianship

6. Powers of a Guardian Assume the role of a parent Other 26-2A-78 until
Termination of Guardianship
Death
Majority
Marriage
Resignation
adoption

7. Guardians Incapacitated Adults
Appointment Priorities
Durable power of attorney
Spouse
Adult child
Parent
Relative lived with past 6 months
Caretaker>
Where filed
Where incapacitated person resides
Where present at time of filing
County that commits person

8. Proceeding for court appointment/Sample Forms
Petition
Guardian at litem
Physician testimony
Court representative - investigation
Guardian ad litem appointed
Sheriff service on adult
Jury, if demanded
Hearing
Order granting guardianship to an individual
Acceptance by Guardian
Letters of Guardianship

9. Guardian for Developmentally Disabled 26-2A-104.1
Individual
Non profit corporation

10. Special Guardianships
Welfare funds
Uniform Veterans Guardianship
Curators (Repealed)
School Guardians (Do not exist)

11. Conservators of Property
CONSERVATOR l
PROTECTED PERSON
l l
Minor Incapacitated
Person

12. Minor’s and Person’s Unable to Manage their Assets
Criteria:
Minor
Person unable to manage their affairs
mental illness
Physical illness
Infirmities of advanced age
Alcohol or drugs
Prison
missing

13. Where to file Probate Court Where person resides
Nonresidents-Where person’s property is located

14. Procedure for appointment/ Sample Forms
Petition
Inventory
Bond
Hearing set
G.A.L.
Physician
Court representative
Sheriff serves party
Hearing
Order appointing Conservator
Letters of Conservatorship
Title to property in Conservator

15. Powers of Appointed Conservator
Without court order
Deposit money and write checks
Sell stock
Pay taxes
Employ attorneys and CPAs
Settle law suits
Dispose of personal property
With a court order
Sale land

16. Termination of Conservator
Death
Resignation
Petition

17. Joint Petition Guardian/Conservator
Joint petition (one case)
Proof both procedures
Joint order
Joint letters

18. Why do I need to know this?
Conservator - Money and Property
Guardian – Person
Before 1987 Guardian was used for both $ &

19. Minors and Persons Unable to Manage their Assets
Person unable to manage their affairs
mental illness
Physical illness
Infirmities of advanced age
Alcohol or drugs
Prison
Missing

20. General Power of attorney: (form 23-101) [26-1A-301]
1. Law student sends her husband to buy their house and close a loan financing the purchase.
General Power of attorney:
(form ) [26-1A-301]
General Agency law
(8-2-1) [26-1A-101]
Specific power
Signed
Acknowledged
Recorded as other real estate records
Void on incompetency if made before 1/1/2012

21. 2A. Senior Citizen wants to make sure her children can manage her assets now that she is old and forgetful.
All powers of Attorneys are Durable after § 26-1A-102 g
Power to sell real estate § 26-1A-204
May incorporate powers by reference
Signed & Acknowledged
Photocopy or electronic copy valid
Recorded
Durability survives:
Disability
Incompetence-legal determination
Incapacity
Effective or later specified time or event
Method of determining when incapacity exists
By person designated, physician, attorney, or judge
Revocation.
Form 26-2A-301

22. Springing Power of Attorney: 26-1-2 (Form 23-103)
2.(B).Senior Citizen in 2019 wanted to make sure her children can look after her and her estate only if she becomes disabled
Springing Power of Attorney: (Form )
Specific power to sell
“This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal”
Signed
Acknowledged
Recorded
Durability survives:
Disability
Incompetence-legal determination
Incapacity
When effective
Method of determining when incapacity exists
Revocation.

23. 3. At age 18 wants to sell her house to pay for college
3. At age 18 wants to sell her house to pay for college. How can sell the house?
1. Can she execute a deed? See
Avoidable-not void
Before majority or within 3 years
Ratification is a payment after majority
2. Remove the Disabilities of non-age See
Parent petitions
Juvenile court or probate court
18 years of age and not married
Notice in newspaper 3 times
Best interest of child
Record judgment in Probate office
3. Or get married.

24. Transfer without minor having a conservator.
4. Grandparents wish to give their Grandson a lot but avoid the problems of their Granddaughter, advise.
Uniform Transfers to Minors Act 35-5A-1
“ John Doe as custodian for Mary Doe under the Alabama Uniform Transfers to Minors Act.”
Transfer without minor having a conservator.
Title in the minor until: 35-5A-12
Majority,
death or
21 years of age.

25. TRANSFER UNDER THE ALABAMA UNIFORM TRANSFERS TO MINORS ACT
I, ______ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ______ (name of custodian), as custodian for ______ (name of minor) under Alabama Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it). Dated: ________ _________________” (Signature) ___________ (name of custodian) acknowledges receipt of the property described above a custodian for the minor named above under the Alabama Uniform Transfers to Minors Act. ________________ (Signature of Custodian) (c) A transferor shall place the custodian in control of the custodial property as soon as practicable.

26. 5. Grandmother age 80 has a life estate in her house
5. Grandmother age 80 has a life estate in her house. She is selling her house & moving into a retirement home What is the value of her life Estate?
Annuity and Mortality Tables
Life 80 (9.14 years)
80 plus 9.14= years
Land value $100,000
Life expectancy as percentage of value of property
life expectancy = 10.25%
age of expectancy
$100,000 X 10.25% (.1025)= $10,250
Rental value per year
Rent per month $ x12 mo.($6,000/yr)
Life expectancy x10.25 years
Value of life estate $ 61,500

27. 6. How can a 15 year old sell the property they have inherited ?
May a parent sell their child's property until 19 years of age?
Only through a Conservator.
Minor > 14 may nominate a G.A.L..

28. 7. May an incompetent Person sell real estate?
All contracts are void
Purchases in good faith, without notice of insanity, are not void.
Must pay the market value of property.
Must pay for necessities
Section Mortgage taken in good faith on real estate of insane person not void.

29. 8. How may a person in a coma sell their property?
Through a Conservator
Must have a G.A.L.
Physician must testify of incompetency
Court may appoint a “Court’s Representative”
Letters of Conservatorship
“John Doe as Conservator for Mary Doe”.

30. 9. Can a convicted felon in prison inherit and sell the property to pay their lawyer ?
Betty is convicted of killing her husband. 1.Can she inherit their House? 2.Can she take under a JT/RS Deed?
3. Is there any problem for her to sell her property owned before the murder to pay her lawyer?

31. 10. Missing people
A passenger that was on the party boat lost over the Gulf during Hurricane Michael has a contract to sell her house. Now the family of missing person wants to complete the sell before they lose the deal.

32. 11. Protected person owns only one piece of property but need to sell to stay in a nursing home
26-2A-137 Court may appoint a single transaction conservator for the sole purpose to sale the land.
Court may provide protective arraignments for a protected person for leasing oil, gas and minerals Act

33. Incompetent person has a “Curator” What is a Curator?
Curators existed for a time similar to now Conservators.
Repealed
Curators became Conservators

34. Where to file Conservatorships
Probate Court
Where person resides
Nonresidents-Where person’s property is located

35. Procedure for appointment Form 11-110
Petition
Inventory
Bond
Hearing set
G.A.L.
Physician
Court representative
Sheriff serves party
Hearing
Order appointing Conservator
Letters of Conservatorship
Title to property in Conservator

36. Powers of Appointed Conservator
Without further court order 26-2A-152
Deposit money and write checks
Sell stock
Pay taxes
Employ attorneys and CPAs
Settle law suits
Dispose of personal property
With a court order
Sale land

37. Termination of Conservator
Death
Resignation
Petition

39. Solo and Small Firm Section of the Alabama Bar.