How long can a temporary guardian serve in Alabama?

The probate court may appoint a temporary guardian with the full authority of a general guardian, but that authority may not last longer than 6 months. A temporary guardian may be appointed even before every parent's rights have been suspended or ended, the threshold ordinarily required for a general guardian.

Does an Alabama guardianship of a minor end a parent's parental rights?

No. Guardianship does not terminate a parent's parental rights and is not adoption. The probate court can appoint a general guardian only after every parent's rights have been suspended or ended by circumstances or prior court order; guardianship itself is a different, more limited order.

Does a 14 year old have to consent to an Alabama guardianship?

Not exactly. A minor 14 or older doesn't have to affirmatively consent, but turning 14 gives the minor the right to receive notice of the petition, to nominate a guardian, whom the court must appoint unless it finds the appointment contrary to the minor's best interest, and to file a written objection blocking a parent's guardian nomination.

Is a bond required for a guardian of a minor in Alabama?

No. A guardian of a minor's person does not need to post bond in Alabama. Bond is required only of a conservator, who manages the minor's property under a separate, legally distinct protective proceeding, and that bond may be waived only if the will or other writing nominating the conservator expressly exempts it. The court may reduce, increase, or otherwise adjust the bond at any time.

Does Alabama require a background check or training for a guardian of a minor?

Alabama has no statutory background check requirement for a guardian of a minor, and appointing a guardian ad litem or an attorney to represent the minor is discretionary, not mandatory. Starting January 1, 2027, any guardian ad litem appointed must first complete a training program approved by the Alabama Probate Judges Association and the Alabama Law Institute.

When does an Alabama guardianship of a minor end?

A guardian's authority ends on the guardian's death, resignation, or removal, or on the minor's death, adoption, marriage, or attainment of Alabama's age of majority, 19. Any interested person, or the ward if 14 or older, may also petition the probate court to remove the guardian if that would be in the ward's best interest.

What if a child is in immediate danger in Alabama?

Contact the child protective agency, and consider the protective order process. A guardianship petition by itself is not an emergency safety intervention.

Is an Alabama guardianship the right process for a custody dispute between a child's own parents?

No. A dispute between a child's own parents over custody or visitation is handled through a custody process, not through a guardianship petition.

Alabama Guardianship of a Minor Petition

Q: What court handles an Alabama guardianship of a minor petition, and is there an official form?

Alabama guardianship of a minor petitions are filed in the probate court, the court with jurisdiction over guardianship proceedings under the Alabama Uniform Guardianship and Protective Proceedings Act. Alabama has no statewide mandatory petition form: the Administrative Office of Courts' statewide form indexes list no minor guardianship petition, so practice is attorney drafted pleadings filed at the county probate court.

Q: Who must be given notice of an Alabama guardianship of a minor petition?

Notice must go to the minor if 14 years of age or older and not the petitioner, to any person who had principal care and custody of the minor during the 60 days before filing, and to any living parent. Notice is generally given at least 14 days before the hearing.

Alabama hears this as a petition for appointment of a guardian in probate court under the Alabama Uniform Guardianship and Protective Proceedings Act, publishes no statewide petition form, caps a temporary guardian's authority at six months, and requires bond only from a conservator, never from a guardian of the person.

Find out where you stand in Alabama

Where are you with the guardianship?

DocDraft provides document preparation, not legal advice.

Introduction

In Alabama, a relative or other adult who wants to become a minor's guardian files a petition for appointment of a guardian in the probate court, the court with jurisdiction over guardianship proceedings under the Alabama Uniform Guardianship and Protective Proceedings Act. Alabama has no statewide mandatory petition form: the Administrative Office of Courts' form indexes list no minor guardianship petition, so practice is attorney drafted pleadings filed at the county probate court. The probate court may appoint a temporary guardian with the full authority of a general guardian, but that authority may not last longer than 6 months. Notice of the hearing goes to the minor if 14 or older and not the petitioner, to anyone who had principal care and custody of the minor during the 60 days before filing, and to any living parent. A general guardian cannot be appointed for an unmarried minor unless every parent's rights have been suspended or ended by circumstances or prior court order; a minor 14 or older can object to and block a parent's guardian nomination. A guardian ad litem or attorney for the minor is discretionary, not mandatory. A guardian of a minor's person does not need to post bond; bond applies only to a conservator of the estate. Guardianship is a court order, does not terminate parental rights, and is not adoption. If a child is in immediate danger, contact the child protective agency and consider a protective order. Attorney review is available before you file.

Key Things to Know

1
Alabama files this as a petition for appointment of a guardian in the probate court, the court with jurisdiction over guardianship proceedings under the Alabama Uniform Guardianship and Protective Proceedings Act. Alabama has no statewide mandatory petition form: the Administrative Office of Courts' statewide form indexes list no minor guardianship petition, so practice is attorney drafted pleadings filed at the county probate court.
2
The probate court may appoint a temporary guardian with the full authority of a general guardian, but that authority may not last longer than 6 months. A temporary guardian may be appointed even before every parent's rights have been suspended or ended, the threshold ordinarily required for a general guardian.
3
Notice of the hearing goes to the minor if 14 or older and not the petitioner, to anyone who had principal care and custody of the minor during the 60 days before filing, and to any living parent. Notice is generally given at least 14 days before the hearing.
4
The probate court cannot appoint a general guardian for an unmarried minor unless every parent's rights have been suspended or ended by circumstances or prior court order. A parent may nominate a guardian by will or attested writing, and that nominee has priority, but a minor 14 or older can file a written objection to block the nomination.
5
Alabama has no statutory background check requirement for a guardian of a minor, and appointing a guardian ad litem or an attorney to represent the minor is discretionary, not mandatory. Starting January 1, 2027, any guardian ad litem appointed must first complete a training program approved by the Alabama Probate Judges Association and the Alabama Law Institute.
6
A guardian of a minor's person does not need to post bond in Alabama. Bond is required only of a conservator, who manages the minor's property under a separate, legally distinct protective proceeding, and Alabama's age of majority is 19, not 18, so a guardianship runs a year longer than in most states before it ends automatically.
7
A parent with custody can instead delegate authority over the child's health, support, education, or maintenance to another adult by a properly executed power of attorney, for a period not exceeding 1 year, rather than filing a guardianship petition.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Alabama, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

IN THE PROBATE COURT OF [COUNTY] COUNTY, ALABAMA

CASE NO. [CASE NUMBER]

IN THE MATTER OF THE GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

PETITION FOR APPOINTMENT OF GUARDIAN

TO THE HONORABLE COURT:

COMES NOW [PETITIONER NAME], of full age, residing at [PETITIONER ADDRESS], and respectfully petitions this Court for appointment as guardian of the above named minor, and in support states:

PETITIONER Petitioner is the [RELATIONSHIP TO CHILD, FOR EXAMPLE GRANDPARENT, ADULT SIBLING, OR OTHER ADULT] of the minor.
THE MINOR [CHILD'S FULL NAME], born [DATE OF BIRTH], currently resides at [CHILD'S CURRENT ADDRESS] in [COUNTY] County, Alabama. The minor is [AGE] years old.
PARENTS The minor's parents are [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR LAST KNOWN WHEREABOUTS], and [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. [STATUS OF EACH PARENT, INCLUDING WHETHER LIVING, WHETHER EITHER PARENT CONSENTS TO THIS APPOINTMENT, AND AND WHETHER EVERY PARENT'S RIGHTS HAVE BEEN SUSPENDED OR ENDED BY CIRCUMSTANCES OR PRIOR COURT ORDER].
CUSTODY HISTORY During the 60 days before this petition was filed, [NAME OF PERSON WHO HAD PRINCIPAL CARE AND CUSTODY OF THE MINOR, IF OTHER THAN A PARENT] had principal care and custody of the minor.
NECESSITY FOR GUARDIANSHIP Appointment of a guardian is necessary because [DESCRIPTION OF WHY THE PARENTS CANNOT CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NEEDED].
QUALIFICATIONS OF PROPOSED GUARDIAN Petitioner is a fit and proper person to serve as guardian and seeks appointment as guardian of the person of the minor. [DESCRIPTION OF PETITIONER'S QUALIFICATIONS, INCLUDING RELATIONSHIP TO THE MINOR, LIVING SITUATION, AND ABILITY TO CARE FOR THE MINOR].
MINOR'S PREFERENCE The minor's preference as to the proposed guardian is [MINOR'S STATED PREFERENCE, OR NONE STATED].
PROPERTY OF THE MINOR AND BOND The minor's property consists of [DESCRIPTION OF THE MINOR'S PROPERTY AND ITS ESTIMATED VALUE, OR NONE]. This petition seeks appointment as guardian of the person only. Management of the minor's property requires appointment of a conservator in a separate protective proceeding, and a conservator must furnish bond under Ala. Code section 26-2A-139.
TEMPORARY GUARDIANSHIP Petitioner [REQUESTS OR DOES NOT REQUEST] appointment as temporary guardian pending a hearing on this petition under Ala. Code section 26-2A-73(b), which limits a temporary guardian's authority to no longer than 6 months.
NOTICE Notice of the time and place of hearing this petition will be given as required by Ala. Code section 26-2A-50 to the minor, if 14 years of age or older and not the petitioner, to any person who had principal care and custody of the minor during the 60 days before filing, and to each living parent.

WHEREFORE, Petitioner prays that this Court set this petition for hearing, that notice issue as required by law, that Petitioner be appointed guardian of the minor named above, and for such other and further relief as the Court deems proper.

Respectfully submitted,

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, ALABAMA ZIP] [PHONE] [EMAIL]

VERIFICATION

STATE OF ALABAMA COUNTY OF [COUNTY]

Before me, the undersigned authority, personally appeared [PETITIONER NAME], who, being duly sworn, states that the facts set out in the foregoing petition are true and correct to the best of Petitioner's knowledge, information, and belief.

[SIGNATURE OF PETITIONER]

Sworn to and subscribed before me this [DATE].

[NOTARY SIGNATURE AND SEAL] Notary Public, State of Alabama

Alabama Requirements for Guardianship of a Minor Petition

Probate Court Has Jurisdiction
A guardianship of a minor petition is filed in the probate court, which has jurisdiction over protective proceedings and guardianship proceedings (Ala. Code sections 26-2A-20(3), 26-2A-31(c)).
No Statewide Mandatory Petition Form
Alabama has no statewide mandatory guardianship of a minor petition form. The Administrative Office of Courts' statewide Probate Forms and Do It Yourself Forms indexes list no such petition, so practice is attorney drafted pleadings filed at the county probate court.
Guardian and Conservator Are Separate Roles
Alabama splits the guardian of a minor's person from the conservator of the minor's estate or property, a separately filed protective proceeding under Article 2, Division 3 of the Alabama Uniform Guardianship and Protective Proceedings Act (Ala. Code sections 26-2A-130 to 160).
6-Month Cap on Temporary Guardian Authority
A temporary guardian has the full authority of a general guardian, but that authority may not last longer than 6 months (Ala. Code section 26-2A-73(b)).
Notice to the Minor, Custodian, and Parents
The petitioner must give notice of the hearing to the minor if 14 or older and not the petitioner, to anyone who had principal care and custody of the minor during the 60 days before filing, and to any living parent (Ala. Code section 26-2A-75(b)).
Parental Rights Threshold for a General Guardian
The probate court cannot appoint a general guardian for an unmarried minor unless every parent's rights have been suspended or ended by circumstances or prior court order (Ala. Code section 26-2A-73(a)).
Minor Age 14 May Object to a Parental Nomination
A parent may nominate a guardian by will or attested writing, and that nominee has priority, but a minor 14 or older may file a written objection to block the nomination (Ala. Code sections 26-2A-71(a), 26-2A-72).
No Bond for a Guardian of the Person
No statute requires bond from a guardian of a minor's person. Bond is required only of a conservator managing the minor's estate, and that bond may be waived only if the will or other writing nominating the conservator expressly exempts it; the court may reduce, increase, or otherwise adjust the bond at any time (Ala. Code section 26-2A-139(a)-(c)).
Guardian Ad Litem Training Required Starting 2027
Appointing a guardian ad litem for the minor is currently discretionary. Starting January 1, 2027, any guardian ad litem appointed must first complete a training program approved by the Alabama Probate Judges Association and the Alabama Law Institute (Ala. Code section 26-2A-52(e), as amended).

Find out where you stand in Alabama

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Alabama Requirements for Guardianship of a Minor Petition

Probate Court Has Jurisdiction

No Statewide Mandatory Petition Form

Guardian and Conservator Are Separate Roles

6-Month Cap on Temporary Guardian Authority

Notice to the Minor, Custodian, and Parents

Parental Rights Threshold for a General Guardian

Minor Age 14 May Object to a Parental Nomination

No Bond for a Guardian of the Person

Guardian Ad Litem Training Required Starting 2027

Frequently Asked Questions