Alabama Guardianship Forms: Petitions, Notice, and Bond

Alabama guardianship forms start with a Petition for Appointment of Guardian filed in the probate court of the county where the proposed ward lives. The exact petition and the documents that go with it depend on whether the ward is a minor, an incapacitated adult, or someone in immediate danger who needs emergency protection. Forms are available through the Alabama Administrative Office of Courts e-forms site, and individual county probate courts often post their own versions of supplemental documents like care plans and annual reports.¹²

Before pulling any forms, know which authority you actually need. A guardian makes personal decisions for the ward: healthcare, living arrangements, education, daily needs.³ A conservator handles the ward’s money and property.⁴ If you need both, you can petition for both in the same proceeding, but the forms and requirements for each role are distinct.⁵ This article focuses on the guardianship forms.

Which Petition You File

Minor Guardianship

Any person interested in a minor’s welfare can petition.⁶ The main document is the Petition for Appointment of Guardian of a Minor, available through the Administrative Office of Courts.¹ With it, you’ll typically submit the child’s birth certificate, a Waiver and Consent form if the parents agree, and a background check if you’re not a close relative.

One point often missed: Alabama’s age of majority is 19. A minor guardianship continues until the ward turns 19, marries, is adopted, or dies.⁷

Guardianship of an Incapacitated Adult

For an adult who can no longer manage their own affairs, file a Petition for Appointment of Guardian of an Incapacitated Person. The petition has to explain why the person is incapacitated and why guardianship is necessary. A medical report from a licensed healthcare provider describing the person’s condition and their inability to make responsible decisions must accompany the petition or be submitted before the hearing.⁸

A vague letter saying the person has trouble with daily tasks won’t be enough. The report needs to describe specific cognitive or functional limitations and connect them to the person’s inability to make responsible decisions.

You can also ask the court for limited guardianship rather than full guardianship. A judge can restrict a guardian’s powers to only the areas where the ward genuinely needs help, and those limitations get endorsed on the letters of guardianship themselves.⁹

Emergency Guardianship

When someone faces immediate danger and no one has legal authority to act, file a Petition for Emergency Appointment of Guardian explaining the emergency and why waiting for a standard proceeding would put the person at risk. Attach supporting evidence such as medical records or sworn statements. A temporary guardian’s authority cannot extend beyond 30 days and is limited to whatever powers the court order specifies.¹⁰ A follow-up hearing gets scheduled within that window, and if ongoing guardianship is warranted, you’ll need to file a full petition through the regular process.

Documents to Submit With the Petition

Regardless of which type of guardianship you’re seeking, expect to assemble the following:

Completed petition identifying the proposed guardian, the ward, the relationship between them, the reasons guardianship is needed, and the specific powers requested
Proof of the ward’s identity, such as a birth certificate or government-issued ID
Medical report for adult cases, completed by a licensed healthcare provider and describing the incapacity
Waiver and Consent form for minor cases where the parents agree
Background check, often required, especially for petitioners who are not immediate family
Proof of service documenting that all legally required parties received notice of the petition
Affidavits from individuals familiar with the ward’s condition, such as social workers or medical professionals

If the ward receives Social Security, Medicaid, or veterans benefits, you may need additional documentation showing how the guardianship will interact with those programs.

Where to Get the Forms

Alabama doesn’t have a single statewide packet that covers every guardianship scenario. The Alabama Administrative Office of Courts hosts downloadable forms on its e-forms site, including the petition and related juvenile court forms.¹ Individual county probate courts frequently post their own versions of care plans, annual reports, and supplemental forms.² Before filing, check with the probate court in the county where the ward resides; some counties require their own versions of standard forms.

Who Must Receive Notice

Filing the petition is not enough on its own. Notice has to go out to specific people, and proof of service must be filed with the court before the hearing.

For a minor guardianship, the court sends notice to every living parent, anyone who had principal care and custody of the child during the 60 days before filing, and the minor if they’re 14 or older.⁶

For an incapacitated adult, notice goes to the alleged incapacitated person (served personally), their spouse, adult children, and, if there are no adult children, their parents.¹¹ Any of these individuals can object. If someone can’t be located through normal channels, the court may allow alternative service such as publication in a local newspaper.

Filing Fees and Bond

File the petition with the probate court in the county where the ward lives. Filing fees vary by county; some charge as little as $30 to $40 for a basic guardianship petition, while others charge more, and combined guardianship-conservatorship filings cost more than guardianship alone. Budget for costs beyond the filing fee itself: background checks, publication of notice, and potential guardian ad litem fees can add up.

If you’re seeking conservatorship along with guardianship, the court will likely require the proposed conservator to obtain a surety bond. The bond amount equals the total value of the ward’s property under the conservator’s control plus one year of estimated income, minus the value of securities in restricted accounts and land the conservator can’t sell without court approval.⁴ The bond requirement can be waived in some situations, such as when the ward previously nominated the conservator in a will and expressly exempted them from bonding.

Forms You File After Appointment

The paperwork doesn’t end when the court grants your petition. Once appointed, the court issues Letters of Guardianship, which serve as your legal proof of authority when dealing with doctors, care programs, and financial institutions.

A guardian of an incapacitated adult must file a Care Plan within 45 days of appointment, outlining how you intend to meet the ward’s needs. After that, annual reports are due every 12 months on the anniversary of appointment, documenting the ward’s physical and mental health, living conditions, social activities, and any significant changes.² The annual report form covers items from medication changes to whether the ward’s guardianship powers should be expanded or reduced.¹²

If you’re also serving as conservator, the financial reporting obligations are separate and more demanding. You must file a complete inventory of the ward’s estate within 90 days of appointment, followed by periodic accountings.¹³ Failure to file required reports is grounds for removal.²

Federal Benefits Require Their Own Forms

A court order naming you as guardian does not automatically give you authority over the ward’s federal benefits. Social Security, SSI, and VA benefits each have their own separate processes, and this is where many newly appointed guardians get stuck.

To manage a ward’s Social Security or SSI payments, you must apply separately with the Social Security Administration to become a Representative Payee. A court guardianship order, a power of attorney, or even a joint bank account with the beneficiary does not give you legal authority to manage Social Security funds; SSA runs its own appointment.¹⁴ Apply through your local SSA office.

If the ward receives VA benefits, the VA runs a separate fiduciary program. A court-appointed guardian who also manages VA funds must keep those funds in separate accounts, never mixed with the guardian’s own money or with funds belonging to other beneficiaries, and use them only for the care, support, and welfare of the beneficiary and their dependents.¹⁵ If you hold both a court guardianship and a VA fiduciary appointment, you must annually provide the VA hub a certified copy of any accountings filed with the court.

Tax filings can also fall to the guardian. A fiduciary managing a trust or estate with gross income of $600 or more must file IRS Form 1041 for federal taxes.¹⁶ Alabama also requires a state Fiduciary Income Tax Return (Form 41) when applicable.

1
E-Forms – Alabama Administrative Office of Courts. Juvenile Forms
2
Mobile County Probate Court. Alabama Guardians
3
Alabama Legislature. Alabama Code 26-2A-78 – Powers and Duties of Guardian of Minor
4
Alabama Legislature. Alabama Code 26-2A-139 – Bond
5
Alabama WINGS. The Court Process to Appoint a Guardian or Conservator
6
Alabama Legislature. Alabama Code 26-2A-75 – Procedure for Court Appointment of Guardian of Minor
7
Alabama Legislature. Alabama Code 26-2A-79 – Termination of Appointment of Guardian; General
8
Alabama State Bar. Request to be Guardian of an Intellectually Disabled Adult Relative
9
Alabama Legislature. Alabama Code 26-2A-105 – Findings; Order of Appointment
10
Alabama Legislature. Alabama Code 26-2A-107 – Emergency Orders; Temporary Guardians
11
Alabama Legislature. Alabama Code 26-2A-103 – Notice in Guardianship Proceeding
12
Houston County Probate Court. Guardian Annual Report on the Condition of an Adult Incapacitated Person
13
Alabama Legislature. Alabama Code 26-2A-146 – Inventory and Records
14
Social Security Administration. Frequently Asked Questions for Representative Payees
15
eCFR. 38 CFR 13.140 – Responsibilities of Fiduciaries
16
IRS. Instructions for Form 1041 and Schedules A, B, G, J, and K-1