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NOTICE REGARDING BONDS FILED AFTER 01/16/25

Bonds submitted to the Probate Court of Mobile County should be issued to C. Mark Erwin, Judge of Probate, if filed after January 16th, 2025.

Petitioner Information Sheet

Petitioner Information Sheet

NOTICE FOR GAL ATTORNEYS IN INVOLUNTARY COMMITMENT MATTERS

Please note that EastPointe’s psychiatrists will now be making themselves available to discuss dispositions/discharge plans with the assigned GALs on Mondays, from 12:00 – 4:00 p.m. beginning June 3, 2024. The goal is to reduce the number of changing recommendations the morning of Court.

Degrees of relationship Chart

Please find the Degrees of Relationship Chart, courtesy of the Alabama Law Institute, linked below for ease of reference.

Degrees of Relationship Chart - Alabama Law Institute

2023 Change in Consumer price index - Pursuant to Section 43-8-116

On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in the consumer price index, as published by the United States Department of Labor, or, if that index is no longer published, a generally available comparable index, for the 3-year period ending on the December 31 preceding the adjustment date and rounded to the nearest twenty-five dollars ($25.00). The adjusted amounts apply to exemptions claimed on or after April 1 following the adjustment date.

Please follow the link below for the current Consumer Price Index information from the State Treasurer's office.

CPI Information - Alabama State Treasurer

Alabama Elder and Adult in Need of Protective Services Abuse Registry Clearance Form (DHR-APS-2270)

Individuals petitioning to become guardians for any incapacitated person must obtain a registry clearance from DHR utilizing the "Alabama Elder and Adult in Need of Protective Services Abuse Registry Clearance" form (DHR-APS-2270). The Court will not issue letters of guardianship until a completed clearance form has been filed with the Court. This requirement is in response to the Alabama Department of Human Resources recent establishment of an elder abuse conviction registry.

Courtroom Procedure for Involuntary Commitments
Mobile County Probate Court's "Blocked" Account Program

To review the memorandum regarding Mobile County Probate Court's "Blocked" Account Program, please follow the link below.

To access the Petition to Terminate Blocked Account Form, please follow the link below.

Court Docket Online

For your convenience and ease of reference, please find the latest Court Docket listed below.

Practice Tips for Filing a bond and/or rider in Probate Court
  • Judge C. Mark Erwin must be listed as the obligee on all bonds and riders.
  • The Principal must sign the bond.
  • The role (personal representative, conservator, etc.) must match the appointment.
  • The Power of Attorney must be attached to the bond or rider.
  • The bond or rider must contain the original signature of the bonding company's licensed producer in Alabama (a list of all licensed producers in Alabama can be found at ALDOI.gov).
  • The amount of the bond must be for the value of all assets of the estate minus the value of the real property plus 10%.
Lawsuit Settlement Approval Procedure
NOTICE REGARDING SERVICE BY CERTIFIED MAIL

Rule 4(i)(2) of the Alabama Rules of Civil Procedure addresses service by Certified Mail. Subpart (B)(i) states in part as follows:

“The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified mail with instructions to forward, return receipt requested, with instructions to the delivering postal employee to show to whom delivered, date of delivery and address where delivered.”

Subpart (B)(ii) [applicable where parties or their attorney are effectuating service by Certified Mail] contains the same language as that noted above and highlighted.

All lawyers and parties are advised that the Court will be following Rule 4(i)(2) in regards to service by Certified Mail as the Rule exists. If the United States Postal Service “green,” confirming delivery card is not properly completed in accordance with the Rule, service will be deemed to be ineffective.

Procedure Relating to Requests for Temporary Protection Orders in Guardianship & Conservatorship Matters
On July 2, 2020, the Alabama Supreme Court issued its opinion in the Ex parte Bashinsky, No. 1190193, 2020 WL 3581729 (Ala. July 2, 2020), a protective proceeding that was initiated in the Probate Court of Jefferson County. I encourage all lawyers who plan on filing a protective proceeding (guardianship or conservatorship) in this Court with a request for emergent relief to review the Bashinsky opinion before filing such request.

To ensure compliance with the Bashinsky decision, the Court's existing practices and procedures relating to temporary protective requests in guardianship and conservatorship cases are modified as follows:

  1. All requests for temporary protective orders must be sworn.
  2. NO request for a temporary protective order shall be set for hearing if the petitioner has not filed a “permanent” petition requesting the appointment of a permanent guardian and/or conservator.
  3. The Court will conduct an evidentiary hearing as to all requests for temporary protective orders, and sworn testimony will be required.
  4. In most instances, a current written letter or report from the alleged incapacitated person's attending physician must be submitted with the request. Ideally, this report should be sworn, i.e., executed in the presence of a notary public. At a minimum, when the appointment of a temporary guardian is requested, the physician must opine that the alleged incapacitated person is: (a) incapacitated, and (b) unable to care for themself. At a minimum, when the appointment of a temporary conservator is requested, the physician must opine that the alleged incapacitated person is: (a) incapacitated, and (b) unable to manage their business affairs and protect their assets.
  5. A guardian ad litem (“GAL”) and “court representative” will be appointed by the Court to represent the interests of the alleged incapacitated person, if the alleged incapacitated person does not have legal counsel.
  6. The GAL and court representative are expected to immediately commence investigation of the matters prompting the request for a temporary protective order and file a written report with the Court as soon as possible following appointment. This report can be filed with the Court under seal if the GAL or court representative believe their report contains confidential information that should not be openly available to others.
  7. The Court will set the request for a temporary protective order for hearing.
  8. In most instances, the party requesting the temporary protective order should serve a copy of the pleading requesting the temporary protective order AND notice of the scheduled hearing on the request for a temporary protective order on the alleged incapacitated person. If the alleged incapacitated person is known to have legal counsel, the party requesting the temporary protective order should also serve a copy of the pleading requesting the temporary protective order AND notice of the scheduled hearing on the request for a temporary protective order on said legal counsel.
  9. Proof of service upon the alleged incapacitated person (and lawyer, if the person has one) must be FILED with the Court at least 24 hours before the scheduled hearing.
  10. As much notice as possible should be afforded to respondents (i.e., the alleged incapacitated person) and their lawyers (if known) of such hearing.
  11. The GAL and court representative MUST be present at the hearing on the request for a temporary protective order.
  12. In most instances, the alleged incapacitated person should be present at the hearing on the request for a temporary protective order.
  13. If the alleged incapacitated person is not present at the hearing on the request for temporary protective relief, the petitioner must present evidence to the Court that the alleged incapacitated person's absence from the hearing is in the best interests of said person.
  14. An “emergency” sufficient to prompt temporary protective relief in a protective proceeding must be “a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian or conservator is necessary because no other person has authority or is willing to act on the respondent's behalf.” See Ala. Code § 26-2B-201(a)(1) (1975).
  15. As noted by the Alabama Supreme Court, that a person makes an improvident agreement or decision, or is generally unthrifty in their business or unsuccessful in one or more business enterprises, does not, per se, prove that said person is incapacitated.
  16. If a request for a temporary protective order is granted, the hearing on the “permanent” petition for the appointment of a guardian and/or conservator must be conducted promptly. The Alabama Supreme Court suggests that this hearing should be conducted within weeks of such order, instead of months of such order.
  17. Temporary letters of guardianship or conservatorship shall be limited to a term of 30 days, and requests to extend such dates will be set for hearing and will be closely scrutinized by the Court.

If you have any questions concerning the aforesaid, please do not hesitate to contact Susan Powers, Chief Clerk of the Court's Judicial Division, at 251.574.6008.

New Alabama Medicaid Notice Law

For information on Ala Act 2019-489, which went into effect on September 01, 2019, please follow the link below.

NEW ALABAMA MEDICAID NOTICE LAW (Act 2019-489)

Judicial Forms for Attorneys

Forms for Attorneys are available on Benchmark WEB. Use of these forms is limited to Attorneys only. To find the Forms, please login to Benchmark WEB, click on "LINKS" and then the Judicial Forms link. Most forms are available in a fillable PDF format. New forms are added often and other forms are updated from time to time. Please check the Forms page often to ensure you have the latest version. Thank you!

Appointed Attorneys

Attorneys on the appointed lawyers list to receive appointed cases will also be placed in the rotation to receive periodic appointments to pro bono cases. If you no longer want to receive appointed cases, please contact the Judicial Division at (251) 574-6008 to be removed.

LINK TO ATTORNEY/VENDOR FORM FOR BENCHMARK ACCESS

 
Request Form For Attorney/Vendor Information Change

Please use this substitute W-9 form to make any changes to your attorney/vendor information. Please make sure that you are specific in your remittance information and include your appropriate tax identification number for 1099 purposes. This information will be updated in our computer system and will be used in all departments. The information provided will be used to process future payments and correspondence sent to you or your firm. Please make sure the form is signed. When any change is needed, you must fill out a new form and send it to rjerkins@probate.mobilecountyal.gov or fax to 251-574-6100.

Attorney Request Form For Attorney/Vendor Information Change

Real Estate Sales Validation Form - Recording Division

To view the Real Estate Sales Validation Form or to fill out and download a copy, please click here.

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