How Do I Name a Guardian for My Minor Children in Alabama?
See how a parent names a guardian for their minor children in Alabama, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In Alabama, a parent names a guardian for a minor child in a will or a separate signed writing (Code of Ala. §§ 26-2A-71, 26-2A-72, 26-2A-73). It needs your signature and 2 witnesses or a notary. You can record it alongside the rest of your estate plan when you create a revocable living trust.
When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (Code of Ala. §§ 26-2A-71, 26-2A-72, 26-2A-73).
Yes. Alabama recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.
Yes. Alabama allows a Delegation of Parental Powers by Power of Attorney (Code of Ala. § 26-2A-7 (execution: § 26-1A-105)): any adult can be authorized for a limited time (up to 1 year) without transferring custody.
In Alabama, a child 14 or older may choose their guardian, subject to the court's approval (Code of Ala. §§ 26-2A-72, 26-2A-76).
Alabama uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Code of Ala. §§ 26-2A-72, 26-2A-73(a), 26-2A-75(c), 26-2A-76)
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