How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
84496330
Type Your Estate Law Question Here...
Christopher B, Esq is online now
A new question is answered every 9 seconds

In the state of Alabama, does a person having been granted

Customer Question

In the state of Alabama, does a person having been granted conservatorship have the right to deny a person known to have had a close relationship with a ward, visitation with the ward? Isn't part of a person's, having been granted conservatorship, responsibility to assure that the ward should see and experience kinships and relationships, as before the conservatorship became effective?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

In Alabama, a conservator is a person appointed by the court to manage the property of a minor or incapacitated person. An incapacitated person is a person who is unable to manage property and business affairs because of mental illness, physical illness, infirmities accompanying advanced age, chronic use of drugs, or detention by foreign power. A conservator may be appointed when an incapacitated person:

(1) is unable to manage property and business affairs; and

(2) has property that will be wasted without proper management.

See Code of Alabama §26-2A-138.

A conservator deal with the financial aspects of the estate and does not have the right to deny visitation of a close friend or relative. It is doubtful that a guardian would have that right either. A guardian might be able to do that if it is proven that the person being withheld visitation is a harm to the ward. So to answer your question, no the conservator does not have that power. See link for powers and duties of a conservator and a guardian (they are different):

http://madisoncountyal.gov/probate/?page_id=191

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will compensated from the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, please let me know if you have any further questions and please positively rate my answer if satisfied.

Related Estate Law Questions