How to File Guardianship in Alabama Probate Court

Before You File: The Less-Restrictive Alternatives Requirement

Alabama probate courts are statutorily required to explore and exhaust less restrictive alternatives before granting a guardianship. This isn't a formality — judges take it seriously. If you file a petition and the court determines that a supported decision-making agreement, power of attorney, or other non-judicial tool would suffice, the petition can be denied.

Before beginning the probate process, families should document why alternatives are insufficient. What specific decisions can the person not make, even with support? Why can't a power of attorney or Colby Act agreement address the need? Having clear answers to these questions — ideally supported by clinical evaluations — strengthens the petition and demonstrates that the family has done their due diligence.

Step 1: Identify the Correct County

Guardianship petitions are filed in the probate court of the county where the alleged incapacitated person currently resides. Alabama has 67 county probate courts, and each has its own procedures, fee schedules, and local rules. Filing in the wrong county wastes time and money — the petition will need to be refiled.

If the person recently moved, the filing goes to the county of current residence, not the county where the family lives or where the person grew up.

Step 2: Prepare the Petition

The petition must contain specific allegations about the person's incapacity. General statements like "my child has Down syndrome and needs a guardian" are legally insufficient. The petition must describe specific behaviors and functional limitations that demonstrate an inability to receive and evaluate information or communicate decisions.

For pro se filers (without an attorney), the Alabama Administrative Office of Courts provides Form PS-11: "Request to be Guardian of an Intellectually Disabled Adult Relative." This standardized form is designed for parents or close relatives who already care for the individual in their home.

For more complex situations — contested cases, significant financial assets, or conditions beyond intellectual disability — most families will need an attorney to draft the petition. Courts strongly discourage pro se filing in complex guardianship matters due to the strict due process requirements.

Step 3: File the Petition and Pay Fees

Submit the petition to the probate court clerk's office with the required filing fee. Fees vary substantially by county:

• Jefferson County: $175
• Lee County: $104 ($218 for a combined guardianship/conservatorship petition)
• Mobile County: $30
• Madison County: $37 for guardianship only, but a mandatory $1,500 security deposit is required at filing
• Houston County: $93, also with a $1,500 security deposit
• Dale County: $32

Some counties also offer combined guardianship/conservatorship filings at a slightly higher fee.

Call the clerk's office before filing to confirm current fees and any required security deposits. Fee schedules change, and the clerk can tell you exactly what checks or money orders to bring.

Step 4: DHR Abuse Registry Clearance

The court cannot issue Letters of Guardianship until the prospective guardian has filed a completed DHR abuse registry clearance. Form DHR-APS-2270 is submitted to the DHR Office of Adult Protective Services for a background search across records from the Administrative Office of Courts, Department of Corrections, Department of Mental Health, and Department of Public Health.

File this early. Submit the form at least 14 calendar days before any scheduled hearing to avoid an automatic continuance. The clearance checks for prior convictions or founded findings of elder abuse, neglect, emotional or sexual abuse, and financial exploitation.

Step 5: Court Appointments

After the petition is docketed, the probate court makes three mandatory appointments:

Guardian ad litem (GAL): An independent attorney assigned to represent the legal interests and expressed wishes of the alleged incapacitated person. The GAL is not the petitioner's attorney — they advocate for the respondent, which may mean opposing the guardianship if the respondent objects.

Court representative: Conducts an in-person interview with the respondent, inspects their current living arrangements, and submits a written report to the court evaluating whether a protective order is necessary.

Examining physician: A licensed physician or qualified professional conducts a clinical examination and files a medical evaluation detailing the respondent's cognitive and functional capacities.

The petitioner does not choose these appointees — the court assigns them. The costs (particularly the GAL fee) are typically borne by the petitioner or the estate.

Step 6: The Evidentiary Hearing

The court schedules a formal hearing where the petitioner presents evidence that guardianship is necessary. The respondent has full due process rights:

• The right to attend the hearing
• The right to be represented by counsel
• The right to present evidence and call witnesses
• The right to cross-examine the petitioner's witnesses
• The right to demand a jury trial

The petitioner must prove incapacity by clear and convincing evidence — a higher standard than a preponderance of the evidence but below beyond a reasonable doubt. The court considers the physician's evaluation, the court representative's report, the GAL's recommendation, and any testimony from the parties.

If the standard is met and the court finds that less restrictive alternatives are insufficient, the judge issues Letters of Guardianship — either limited (authority over specific domains) or plenary (total authority).

After the Order: Ongoing Obligations

Guardianship is not a one-time filing. Once appointed, the guardian is subject to continuing court oversight:

• Care Plan due within 45 days of appointment (strictly enforced in Mobile County and others)
• Annual Reports filed every 12 months documenting the ward's physical, medical, and residential status
• Failure to file required reports is statutory grounds for termination of the guardianship

If conservatorship is also granted, the obligations multiply: surety bond before exercising any authority, preliminary inventory within 45 days, final inventory within 90 days, and financial accountings every three years or more frequently if the court orders it.

The Alabama Adult Guardianship & Alternatives Guide includes county-specific filing checklists, a pre-hearing preparation worksheet, and a complete post-appointment calendar so families can track every deadline without missing a filing.

See more Alabama guides →