We know that providing for a dependent can be a heavy load sometimes. In addition to the practical issues that naturally come up while providing for someone else, there are plenty of potential legal ones as well. If you are in a situation where you need legal custody of a child whose parents cannot care for him or her, or if you need the legal authority to make decisions for an elderly parent or special needs adult child, then you may be in need of a guardianship over that person.

We know that providing for a dependent can be a heavy load sometimes. In addition to the practical issues that naturally come up while providing for someone else, there are plenty of potential legal ones as well. If you are in a situation where you need legal custody of a child whose parents cannot care for him or her, or if you need the legal authority to make decisions for an elderly parent or special needs adult child, then you may be in need of a guardianship over that person.

What is a guardianship or guardianship over a person?

A guardianship is a court order giving someone (the guardian) the right to make decisions for another. The person who the guardianship is over (the ward) must be incapacitated because of a disability or must be under eighteen years old, a minor. A guardianship can be obtained over an incapacitated or minor individual’s person, property, or both – this means that the guardian can be legally allowed to make decisions regarding the ward’s living arrangements, healthcare, finances, or property. ARlaw Partners attorneys can draft he guardianships that are broad in scope or more narrowly tailored, as needed by your situation.

For example, a broad guardianship will enable you to make crucial decisions (such as setting up a place to live, scheduling doctors’ appointments, and paying bills) for someone who cannot make these decisions for themselves. A guardianship helps the guardian to efficiently protect the ward and/or the ward’s finances. Guardianship ensures that the guardian will have access to the ward’s sensitive or important information, such as medical or financial records. Think of it as being able to “step into the ward’s shoes” in order to handle their business.

How is a guardianship established?

A guardianship does require the approval of a judge. In Arkansas, a person seeking guardianship must file a petition at their local circuit courthouse and have a hearing before a judge on the petition. The potential ward (meaning the person whom the guardianship is sought after, or the parents of a minor who the guardianship is sought after) must be notified of the hearing and given a chance to attend. If the guardianship is for a disabled adult, the disability must be proved by medical evidence. ARlaw Partners attorneys are extremely experienced with drafting these petitions and pursuing them in the related hearings.

Who needs a guardianship?

Oftentimes a guardianship will be needed by parents of a special needs child who is reaching adulthood or adult children of an elderly parent who is experiencing dementia. A guardianship may also be needed for a minor child whose parents have either passed away or can no longer care for the child.

If the guardianship is needed for a minor child, and if the parents of the child are living, they will either have to consent to the guardianship or they will have to be proven to be unfit in a court hearing. For example, drug abuse by the parents or abuse to the child may be grounds to find them unfit.

If the minor child has no parent available to make decisions for them, or if the disabled or elderly adult is in immediate risk of being harmed, then an emergency guardianship may be needed. An emergency guardianship requires an immediate hearing before the judge to determine that an emergency exists and that the guardians are qualified and suitable to act.

What happens once a guardian of a person is established?

Once a guardian is appointed, the guardianship will stay in effect until it is no longer needed. If the guardianship is over a child, it will end when the child turns eighteen; or, if the parents of the child are no longer unfit, they can ask the judge to end the guardianship. If it is over an adult, it will remain in place until the adult is no longer incapacitated or until the ward dies. While the guardianship is in place, the guardian has the duty to care for the ward and to manage his or her property. The guardian must also report to the court once a year on the ward’s condition and provide the court with an annual accounting of the ward’s property.

If you would like more information regarding guardianships or need assistance obtaining a guardianship or becoming a guardian of a person, feel free to contact our firm AR Law Partners, PLLC. ARlaw Partners has knowledgeable and compassionate attorneys. We offer free initial consultations. We have offices conveniently located in Little Rock and Fayetteville and offer assistance to Arkansans throughout the state.