Guardianship of a Child or Adult in Alabama

A minor or anyone interested in the minor's welfare may petition the probate court where the minor lives or is present, with notice to the minor (if 14 or older), whoever had principal care during the previous 60 days, and each living parent. The court may appoint a guardian for an unmarried minor only if all parental rights have been terminated or suspended by circumstances or a prior court order, and the appointment serves the minor's welfare and best interest. A temporary guardian may be appointed for up to six months even without those conditions. The court may appoint a lawyer for the minor.

The person or anyone interested in the person's welfare may petition the probate court for a limited or general guardian. The court appoints a lawyer unless the person has one; the person is examined by a court-appointed physician or other qualified person and interviewed by a court representative, and may demand a jury trial. The court may appoint a guardian if satisfied the person is incapacitated and the appointment is necessary or desirable for continuing care and supervision, and must limit its orders to what the person's limitations require, to encourage maximum self-reliance and independence; it may instead enter a protective order or other order, or dismiss.