What is a guardianship?
Guardianship is the legal process of giving a person, the guardian, the legal authority to make all or some decisions for the ward. Requires process and a hearing. It is the State’s alternative plan to creating yourself a Durable Power of Attorney, only you don’t get the same freedom with a Guardianship.
Definitions
Ward: The person in need of care because of incapacity
Guardian: The person taking care of the ward
Why guardianships are given
- Incapacity due to medical incident, accident, addiction, dementia, or Alzheimer’s disease
- Special needs
- Addictions to alcohol or drugs
What is the process to get a guardianship
- The person that wants to be the guardian petitions the court
- The proposed guardian must provide proof. Typically a report or affidavit from a doctor
- The ward has to be served a notice of rights and notice of hearing
- If the ward doesn’t voluntarily cooperate, the court can order a mental evaluation
- The guardian must show up for a mandatory hearing in court
- The ward has the right to show up, ask questions, and defend themselves
- If the guardianship is awarded, the guardian is given an order and letter showing that the court has given them the authority to make the ward’s decisions
- The guardian must give an annual report to the court
Guardians Powers and Responsibilities
- Make sure the ward is taken care of
- Make financial decisions
- Make legal decisions
- Make healthcare decisions
- Make sure the ward’s needs are taken care of
Qualifications to be a Guardian in Arkansas
- Be 18 or older
- No unpardoned felonies on record
- Not a guardian of more than 5 people
- Has the mental and financial capacity to be guardian