Why Your Estate Plan Should Appoint A Guardian And Conservator

December 3, 2019
Written on behalf of Daniel H. Chambers Attorney at Law, P .C.

You might have a comprehensive estate plan, but does it cover you and your family if you become incapacitated? Life can be unpredictable and can change in a heartbeat. For example, you might suffer an extreme accident and fall into a coma. If this happens and you don’t have it covered in your estate plan, your family could be left without proper resources and your property could be mismanaged.

To avoid estate management problems due to unforeseen incapacitation, you should appoint a trusted, loyal person as your guardian and conservator. Alabama courts appoint people to this position, and one of the first things they consider is whether you’ve named a guardian/conservator in your estate planning documents. If you haven’t done this, the court will appoint a guardian and conservator for you.

The Difference Between a Guardian and Conservator

If you fall into a coma or become incapacitated in any other way, a guardian would be in charge of your daily personal care and supports your welfare. A conservator would handle and manage the assets of your estate (real estate properties, for example).

Who Becomes My Guardian And Conservator If I Don’t Appoint Them Myself?

You can name your guardian and conservator, along with backups, in your estate plan. If you don’t do this, then it’s up to the Alabama court. When making a decision, the court will prioritize the following people, in order:

• Your spouse
• Your adult child
• Your parent
• A relative who has lived with you for the last 6 months
• A person nominated by your current caretaker
• The general guardian of the sheriff

Don’t leave the future of your family and your estate up to chance. Work with an experienced attorney now to appoint your guardian and conservator.

Experienced Estate Planning Attorney In Birmingham, AL

Attorney Daniel Chambers has dedicated his career to helping clients successfully resolve their various family law, estate planning, and probate issues. He understands that guardianship and conservatorship issues can be complicated, and is personally available to answer any questions or concerns you may have throughout the appointment process. To discuss your concerns with a skilled Hoover guardianship and conservatorship lawyer, contact Daniel H. Chambers today.

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