A guardianship is a legal arrangement in which a person, known as a guardian, is appointed by a court to manage the personal and/or financial affairs of another person, known as a ward. Guardianships are often used when a person is unable to make decisions for themselves due to incapacity or disability.
In Arkansas, there are two types of guardianship: guardianship of the person and guardianship of the estate. A guardianship of the person is used to manage the personal care and well-being of the ward, such as medical decisions and living arrangements. A guardianship of the estate is used to manage the ward's financial affairs, such as managing assets and paying bills.
A guardianship can be temporary or permanent, and the ward's rights can be limited or completely taken away, this will depend on the court's decision after evaluating all the factors and evidence presented.
To establish a guardianship in Arkansas, a petition must be filed in the probate court in the county where the ward resides. The court will then hold a hearing to determine whether a guardianship is necessary and, if so, who should be appointed as the guardian. In the case of minor, the court will also consider the wishes of the parents.
It is important to note that a guardianship should be used as a last resort, as it can limit the ward's rights and autonomy. Alternatives to guardianship, such as powers of attorney or living wills, may be more appropriate in some cases.
Our law firm has a team of experienced attorneys who can help you navigate the complexities of guardianship law in Arkansas. We can help you understand your options and guide you through the process of petitioning for a guardianship or contesting an existing guardianship.
If you are facing a guardianship matter, or have any questions about guardianships in Arkansas, please do not hesitate to contact us to schedule a consultation. Please keep in mind that legal advice cannot be given without knowing all the facts of your case and not only be limited to general information.