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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Under state of Alabama what does guardianship cover

Customer Question

Under state of Alabama what does guardianship cover
Submitted: 7 years ago.
Category: Family Law
Expert:  LawTalk replied 7 years ago.

Good afternoon,


Could you be a bit more specific?


Guardianship over who? Guardianship ordered by a court?--Temporary Guardianship provided by a parent?


What do you mean by the word "cover"?



Customer: replied 7 years ago.
Guardingship was provided by the father of my grand-childern; who by the way was awarded custody. It was granted by a Judge. Ijust need in detail what it all entails. This is under jurisdiction Code of Alabama 1975 Section 26-2A-32 ans Section 26-2A-71.
Expert:  LawTalk replied 7 years ago.
Good afternoon,

26-2a-32 merely discusses what court is proper to her a guardianship question.

26-2a-71 Effectively means that, if you have filed an acceptance with the court of your being appointed guardian, then you are for all intents and purposes, the child's parent. You have all the rights to raise the child and all the obligations of a parent.

Section 26-2A-71

Parental appointment of guardian for minor.

(a) The parent of an unmarried minor may appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged.

(b) Subject to the right of the minor under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian seasonably files an acceptance in the court in which a nominating instrument is probated, or, in the case of a nontestamentary nominating instrument, in the court at the place where the minor resides or is present. If two or more appointments are made, the latter in time has priority, and if both parents are dead or incapacitated, an effective appointment by the parent, who was eligible to make the appointment and who dies or became incapacitated later in time, has priority.

(c) A parental appointment effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this state.

(d) Upon acceptance of appointment, the guardian shall give written notice as to when the appointment is effective to the minor and to the person having the minor's care or the minor's nearest adult relative.


I wish you well.


Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,



LawTalk and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
thanks for clearing in my miand what rights that I have.
Expert:  LawTalk replied 7 years ago.
It was my pleasure.

Have a great weekend,


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