Rogers Estate Planning Academy Episode 4: Guardianship

What is a guardianship?

It 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

Avoiding Guardianship

• Durable Power of Attorney