Alabama Guardianship Forms

The Official Self-Help Form: AOC Form PS-11

The Alabama Administrative Office of Courts provides a standardized form specifically designed for families filing guardianship petitions without an attorney. Form PS-11, titled "Request to be Guardian of an Intellectually Disabled Adult Relative," is available through AlabamaLegalHelp.org.

This form is narrowly scoped. It's meant for parents, siblings, or close relatives who already care for an intellectually disabled family member in their own home and want to formalize that arrangement through the probate court. It doesn't cover conservatorship (financial authority over assets) or guardianship over individuals whose incapacity stems from other causes like traumatic brain injury or severe mental illness.

If the situation is more complex — contested by another family member, involving significant financial assets, or requiring both guardianship and conservatorship — most county probate courts will strongly encourage retaining an attorney. The due process requirements under the Alabama Uniform Guardianship and Protective Proceedings Act are strict, and technical errors in pro se filings frequently cause delays or outright dismissals.

The DHR Abuse Registry Clearance: Form DHR-APS-2270

Before any probate court in Alabama will issue Letters of Guardianship, the prospective guardian must obtain a clearance from the Alabama Department of Human Resources abuse registry. This is not optional — it's required by Alabama Act 2022-161, codified as Alabama Code § 38-9G-2.

Form DHR-APS-2270 triggers a comprehensive background search across records compiled by the Administrative Office of Courts, Department of Corrections, Department of Mental Health, and Department of Public Health. The search checks for prior convictions or founded findings of elder abuse, neglect, emotional or sexual abuse, and financial exploitation.

The form must be submitted to the DHR Office of Adult Protective Services and the completed clearance filed with the probate court clerk. Start this process early — submitting the form at least 14 calendar days before a scheduled hearing helps avoid an automatic continuance.

The form and its official instructions are available through the DHR website.

County-Specific Forms and Packets

Beyond the statewide forms, individual county probate courts often have their own required documents. Alabama has 67 county probate courts, and each judge has broad administrative discretion over local procedures.

Jefferson County (Birmingham) publishes a specific initial filing packet for adult guardianship and conservatorship that includes its own petition template and detailed instructions. The court operates across two divisions — Birmingham and Bessemer — each with its own filing requirements.

Mobile County requires proposed conservators to complete the county's official Handbook for Conservators and file a signed certificate with the court before the appointment hearing. After appointment, guardians must submit a formalized Care Plan within 45 days using the county's specific template.

Madison County (Huntsville) requires a separate security deposit check of $1,500 at filing in addition to the base filing fee, which adds up quickly for families who weren't expecting it.

The practical reality is that families need to check their specific county probate court's website or call the clerk's office before filing. Statewide forms alone are rarely sufficient.

What a Complete Filing Package Looks Like

A guardianship petition in Alabama requires more than just filling out a form. The complete filing package typically includes:

1. The petition itself — either Form PS-11 or the county's own petition template, detailing the factual basis for the allegation of incapacity with specific behavioral evidence
2. DHR-APS-2270 clearance — completed and filed with the court clerk
3. Filing fee — varies dramatically by county (Jefferson County charges $175, Mobile County $30, Lee County $104, Madison County $37 plus a $1,500 security deposit)
4. Medical evaluation — a licensed physician must conduct a clinical examination and submit a written report detailing the individual's cognitive and functional capacities

Once the petition is filed, the court itself handles several appointments: a guardian ad litem (an independent attorney representing the alleged incapacitated person), a court representative who conducts an in-person investigation, and the scheduling of an evidentiary hearing.

Before Reaching for Guardianship Forms

Filing for guardianship is a serious step. It strips an individual of fundamental civil rights — the right to make medical decisions, choose where to live, manage finances, vote, or marry. Alabama courts are legally directed to explore less restrictive alternatives before granting any protective order.

For many families of young adults with disabilities, the answer isn't guardianship at all. A supported decision-making agreement under the Colby Act, a durable power of attorney, or an educational representative appointment through the school district may accomplish the same protective goals while preserving the young adult's autonomy.

The Alabama Adult Guardianship & Alternatives Guide includes a six-domain decision worksheet that helps families evaluate whether guardianship is genuinely necessary or whether a less restrictive tool fits better. It also covers the full probate court process — county-specific fees, filing checklists, and post-appointment obligations — for families who determine that guardianship is the right path.

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