Baldwin County Guardianship Attorney
A legal guardianship in Baldwin County, Alabama, is put in place when court proceedings are held to name someone to care for a minor or an incapacitated adult. The individual in need of care is referred to as the ward, and the person providing it is referred to as the guardian.
An experienced Baldwin County guardianship attorney at The Law Offices of Brenton C. McWilliams can help you with all your guardianship legal needs.
Guardianship of Minor Children
You can designate the person who will take on guardianship of your minor children if something happens to you in your last will and testament. A guardian can be someone listed in a parent’s will or a relative of the child selected by the child if one isn’t listed in the will. Although a parental appointment has precedence, the court may disregard it and choose the person it believes will best serve the child’s interests.
Under 2006 Alabama Code – Section 26-2A-76, if the minor is 14 years old or older, the court will appoint the person they have chosen unless they determine that it is not in the minor’s best interest to do so.
Do you want to have a guardian appointed for a child or other dependent? Contact a guardianship attorney at our firm to ensure your child is taken care of if something unexpected happens to you.
Guardianship of Adults
In some cases, a guardian may need to be designated for an adult. This is typically done in circumstances where a legal adult is unable to make decisions for themself and make independent decisions due to illness, injury, or disability.
Under 2006 Alabama Code – Section 26-2A-102, a petition for the appointment of a limited or general guardian may be made by the incapacitated individual or by anyone concerned for their wellbeing. The court must schedule a hearing date on the question of disability following the filing of a petition so that notices can be issued.
A doctor or other qualified individual authorized by the court must evaluate the person who is allegedly incapable and then give a written report to the court to declare their inability to care for themselves. The hearing may be attended in person by the alleged impaired person. If you need the assistance of a guardianship attorney at any stage of guardianship proceedings, don’t hesitate to contact us for legal representation.
Guardianship Resources in Baldwin County, Alabama
Guardianship matters are handled by the probate office in Baldwin county, Alabama. If you have questions regarding an open guardianship case, you can contact one of the probate law resources below or hire a guardianship attorney to find answers for you.
Experienced Baldwin County Guardianship Lawyers
Upon speaking to a trusted guardianship lawyer at The Law Offices of Brenton C. McWilliams, we may discover that you need several other documents depending on your overall goals and legal needs. In addition to guardianship, we can help with estate administration, elder law, and other family law matters.
Here is a list of the other legal services we offer clients:
- Revocable Living Trust
- Power of Attorney
- Health Care Power of Attorney
- Beneficiary Designations
- Elder Law
- Wills and Estate Planning
- Probate and Estate Administration
- Will Probate
- Probate Estate Administration
- Last Will & Testament
Use our online form to schedule a consultation so we can set you up with an experienced guardianship attorney to discuss your legal matter.
Guardianship Law FAQs
What types of guardianships are there in Baldwin County, Alabama?
An adult is in charge of a person’s personal care in Alabama under guardianship. In contrast, an adult in Alabama is in charge of a person’s assets under a conservatorship. If you think a conservatorship is more in line with your needs, consult a lawyer at The Law Offices of Brenton C. McWilliams to find out if it is right for you.
What is a guardian ad litem as compared to a guardianship?
A guardian ad litem is a person, who may or may not be an attorney, chosen by the court to represent the interests of minor children in tumultuous divorce proceedings, child neglect and abuse, guardianship issues, and other situations.
Can a child have a say in who their guardian is?
A minor who is the subject of a parental appointment and is at least 14 years old may stop the legal process or the appointment of a guardian by filing with the court according to the 2006 Alabama Code – Section 26-2A-72.