Guardianship Lawyers in Little Rock, AR Making Family Matters Easier
When it comes to family, you want what is best for them both now and in the future. Unfortunately, not all families get along perfectly, and there are often disagreements that can lead to big problems. If you are having difficulty dealing with a family member who is elderly or incapacitated, you may need to consider guardianship. Guardianship gives you the legal authority to make decisions on behalf of another person. This can be a difficult decision to make, but a guardianship lawyer in Little Rock, AR can help you through the process. Whether you need temporary guardianship to help with financial decisions and other financial affairs or if you need to make healthcare-related decisions on behalf of your incapacitated family member, we can help you today.
What is Guardianship?
When one is given guardianship, a court grants a person temporary or permanent custody over a minor or otherwise incapacitated individual. A “guardian” is a person (or persons) who is appointed by the court to have the care and custody of the person, or estate, or both, of an “incapacitated” person. Guardianships differ from conservatorship because a guardian is given custody of the person, whereas a conservator is given control of the estate. A guardianship may be general, meaning that it gives the guardian authority over both the person and estate, or it may be limited to only one area.
The legal process for appointing a guardian can be complicated. There are many legal requirements that must be met in order for a guardian to be appointed. We can help you navigate these murky waters to ensure your guardianship is granted.
When is Guardianship Needed?
An adult who is impaired by reason of a disability, such as a mental illness, mental deficiency, or physical illness, to the extent that he or she lacks sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health, safety, or to manage his or her estate;
- A minor whose parent(s) are impaired by reason of a disability, such as a mental illness, mental deficiency, or physical illness;
- A minor whose parent(s) are incarcerated;
- A minor whose parent(s) have passed away;
- A minor whose parent(s) have abandoned him or her;
- A minor whose parent(s) fail to properly care for him or her;
- A minor whose parent(s) are addicted, or who are chronically under the influence of alcohol, drugs, or (misused) prescriptions medications; or
- A minor when his or her parents consent to guardianship.
Who Can be a Guardian in Arkansas?
Guardians are frequently related to the child or incapacitated adult; however, a biological relationship is not a legal requirement.
In order to be a guardian in Arkansas, you must: (1) be a resident of the state of Arkansas; (2) be eighteen years of age; (3) be of sound mind, and (4) not be a convicted or unpardoned felon. A non-resident can be appointed as the guardian over an Arkansas resident but must be able to post bond.
Guardianship can be an important and powerful tool for making sure your loved ones are properly cared for.
How Can a Guardianship Attorney Help?
If you are considering becoming a guardian or if you need help with any other family law issue, contact our Little Rock guardianship lawyers today. Our attorneys can help you understand the guardianship process and ensure that your rights are protected every step of the way. We have experience handling all types of guardianship cases, including those involving disabled adults and minors. We value the attorney-client relationship. Call us today at (501) 891-6000 to get the legal help you deserve.