Guardianship Definition

One Guardianship Definition I like to use is this:  guardianship is the legal process of ripping away the legal rights of a person (the ward) and giving those rights to make decisions and manage money to another person (the guardian).  That other person, the guardian, then has the legal duty to take care of the ward.  In many senses, the guardian has the same legal responsibilities as a parent.

The process of getting a guardianship varies by state, but in Arkansas the basic process is this:

1. You get a doctor or psychologist to create a report and sign an affidavit the the proposed ward cannot manage their own affairs
2. A petition is filed with the court outlining the reasons and submitting the report and affidavit
3. A hearing on the petition is scheduled with the Judge
4. All “interested people” are notified of the hearing.  Interested people may include the spouse, siblings, and proposed ward.
5. The proposed ward is notified (served) of their rights under the law
6. The hearing is held and the guardianship can be contested, sometimes vigorously
7. If the guardianship is granted, then a letter of guardianship is issued
8. That letter, and a copy of the order, can be used to manage the ward’s affairs and money