Guardianship in Alabama gives an adult legal authority and responsibility for a minor child, or, through a separate process, for an adult who cannot manage their own affairs, when that person's parent or the adult cannot exercise those rights alone. Guardianship is different from custody: custody is decided between a child's own parents, usually in a divorce or paternity case, while guardianship gives a non-parent, often a grandparent, another relative, or a family friend, legal authority when neither parent is available or able to care for the child.
Under Ala. Code § 26-2A-70, a person becomes a minor's guardian either by parental appointment or by court appointment. A parent can name a guardian without going to court first: under § 26-2A-71, the parent of an unmarried minor may appoint a guardian by will or by another writing signed by the parent and witnessed by at least two people, though the person named still has to file an acceptance of the appointment with the court. Where there is no parental appointment, a guardian is appointed by the probate court, defined under § 26-2A-20(3) as the court with jurisdiction over guardianship matters. A guardianship case can also be moved from probate court to circuit court under § 26-2-2.
Under § 26-2A-78, a guardian receives many of the same powers and responsibilities a parent has over the child's health, support, education, and day-to-day care, including the authority to consent to medical treatment. A guardian is not personally responsible for paying the ward's expenses out of the guardian's own money, and a probate court can narrow a guardian's authority through a limited guardianship when the ward's circumstances call for it.
Under § 26-2A-79, a guardianship ends when the guardian dies, resigns, or is removed, or when the minor dies, is adopted, marries, or reaches Alabama's age of majority, 19. A guardian's resignation is not effective until the probate court approves it, and ending the guardianship does not erase the guardian's responsibility to account for the ward's money and property up to that point.
These three terms get confused often. Guardianship gives a non-parent legal authority over a child when a parent is unavailable. Custody is decided between a child's own parents, usually in a divorce or paternity case; see our guide to child custody in Alabama. A guardian ad litem is different still, a person the court appoints to represent a child's interests inside an existing case, not someone who takes over parental authority. For more on that role, see our guide to custody evaluations and guardians ad litem in Alabama.
Alabama's guardianship law also covers adults who cannot manage their own health or personal decisions because of illness, injury, or disability. These cases are filed in the same probate court and governed by a separate division of the same chapter of the Alabama Code, and the process is distinct from minor guardianship. Adult guardianship is often paired with a conservatorship over the adult's finances. If you are considering guardianship for an aging parent or another adult family member, our team can walk through whether guardianship, a power of attorney, or another option fits your situation.
Custody is decided between a child's own parents, typically in a divorce or paternity case. Guardianship gives a non-parent, such as a grandparent or other relative, legal authority over a child when a parent cannot or does not exercise parental rights.
Yes. Under Ala. Code § 26-2A-71, a parent of an unmarried minor can appoint a guardian by will or by another writing signed by the parent and witnessed by at least two people, though the person appointed must still file an acceptance with the court.
Probate court has jurisdiction over guardianship matters under Ala. Code § 26-2A-20(3). A guardianship case can be moved from probate court to circuit court under § 26-2-2.
Under § 26-2A-79, guardianship ends when the guardian dies, resigns, or is removed, or when the minor dies, is adopted, marries, or turns 19. A guardian's resignation is not effective until the probate court approves it.
Related reading: Child Custody in Alabama: A Parent's Complete Guide | Custody Evaluations and Guardians ad Litem in Alabama | Alabama's Legal Age of Majority Is 19