Adult Guardianships
"To care for those who once cared for us is one of the highest honors."
-- Tia Walker
Our Highest Calling: Caring for Others
Guardianship is a legal arrangement in which a court appoints someone (the “Guardian”) to make decisions on the behalf of another (the “Ward”), who is unable to manage their own affairs, whether due to age, incapacity, or a disability.
Whether you are caring for an adult with disabilities or an elderly individual, Victory Law is here to help you navigate the guardianship process in Arkansas.
When is a Guardianship Needed?
An Arkansas adult guardianship may be necessary when:
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An adult is suffering from incapacity or cognitive decline, such as Alzheimer’s, dementia, intellectual or developmental disabilities, brain injury, mental illness, etc. Incapacity is defined as the physical or mental inability to do something or manage one’s own affairs.
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An adult is experiencing a physical disability or other age related conditions.
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An adult, who does not have a directive in place that provides direction such as through a power of attorney, or healthcare directive needs someone to make those decisions for them.
Courts in Arkansas prefer the least restrictive option in guardianship cases. A limited guardian may be appointed if the courts feels that a full guardianship is unnecessary.
Before filing for a guardianship, you may want to consider a less restrictive option, such as a conservatorship, power-of-attorney, healthcare proxy, trust(s), or a decision-making agreement.
Guardianship Process in Arkansas
Step 1: Filing a petition with the probate court
The process begins with filing a petition in the county where the proposed ward lives.
Step 2: Notice to Interested Parties
Immediate family members must be notified of the petition. If relatives cannot be located, the court may require that notification be given through publication in a local newspaper.
Step 3: Evaluation
An evaluation performed by a professional or professional(s) with expertise appropriate to detail the ward’s alleged incapacity.
Step 4: Notice to the Ward
Notice of the guardianship must be provided to the ward, providing the rights of the ward and their ability to contest the petition.
Step 5: Hearing
The court will review the case, hear testimony, and then make adecision regarding
whether a guardianship is in the best interest of the ward.
Step 6: Bond
The court may require that the guardian post a bond.
Step 7: Issuance of Letters of Guardianship
Once the court approves the petition for guardianship, the guardian shall receive legal documentation (the “Letters of Guardianship”) that authorizes the guardians role.
Step 8: Annual Reporting
Guardians must file annual reports with the court, detailing the ward’s financial status.
Adult Guardianships – Frequently Asked Questions (FAQs)
What is an adult guardianship?
An adult guardianship is a legal arrangement in which a court appoints a responsible individual, called a guardian, to make decisions on behalf of an individual (the “Ward”), who is no longer able to manage their personal, financial, or medical affairs due to an incapacity. This loss of capacity may stem from illness, age related decline, or a developmental disability.
When may a guardianship become necessary?
A guardianship is typically considered when an adult is unable to make safe or informed decisions for themselves, and a less restrictive option such as a durable power of attorney or a healthcare proxy are not in the best interest of the individual. If a person is at a risk of harm or financial exploitation, and is unable to understand or communicate decisions, a guardianship may be the remedy for the individual.
What types of guardianships are there in Arkansas?
There are two primary types of adult guardianship in Arkansas:
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Guardian of the Person – A guardian makes decisions about the individual’s daily care, medical treatment, and living arrangements when the individual is incapable of makes these decisions for themselves.
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Guardian of the Estate – A guardian handles the individual’s finances, property, and legal matters. This is also called a Conservatorship in Arkansas.
It is possible for the same person to be appointed to fill both roles.
How is a guardian appointed?
The process begins when a petition is filed with the probate court. The petitioner must give notice to close relatives, obtain a professional evaluation of the individual’s mental or physical condition, and attend a hearing where the court determines if a guardianship is necessary. The judge must find clear evidence of incapacity and decide whether the proposed guardian is suitable, as well as determining if a guardianship is in the best interest of the ward.
Who can serve as a guardian?
Any competent adult may be considered for guardianship, though courts typically prefer close family members. However, if no family member is willing or able, the court may appoint a friend, professional fiduciary, or the Office of Public Guardian.
Does a guardian have unlimited authority?
Guardians are subject to ongoing court oversight and must file reports regarding the individual’s condition and, if applicable, financial accounting. This court oversight ensures that the guardian remains accountable for their actions and that the ward’s rights are respected.
Can a guardianship be changed or ended?
Yes. Guardianships can be modified or terminated if the person’s condition improves or if circumstances change. For example, if the individual regains the capacity to make decisions, the court may end the guardianship. Likewise, a guardian can be removed if they fail to fulfill their duties or if another person is better suited to the role.
What are the alternatives to a guardianship?
Courts encourage the use of less restrictive alternatives, when one exists. A less restrictive alternative may be a, durable power of attorney, a healthcare power of attorney, a living trust, or a conservatorship. These alternatives allow individuals to name someone to assist or act on their behalf before they become incapacitated.
Do guardians get paid?
A guardian may request compensation for their time, especially when the guardian manages complex estates and/or medical needs for the ward. However, many family members serve without expecting payment. Compensation must be approved by the court to prevent abuse.
How long does the guardianship process take?
The timeline for a guardianship can vary, as the process may take several weeks to a few months, depending on the court’s schedule and the complexity of the case. In an urgent situation, the court can grant a temporary emergency guardianship within a few days to ensure the ward’s safety and well-being.
Does the court monitor the guardian after appointment?
Yes. The court continues to monitor the guardian’s actions, especially when it involves money or healthcare. Guardians must file an annual report with the court, maintain accurate records, and follow any orders of the court. This system of oversight helps protect the vulnerable adult and promotes transparency.
Can Victory Law help you with adult guardianships?
Yes, we can. Victory Law helps individuals and families throughout Arkansas with every step of the guardianship process, from evaluating whether a guardianship is needed, to preparing documents to be submitted to the court and representing you at court proceedings. Victory Law can also help you explore less-restrictive options, while working to protect the rights of all involved.
Whether you’re trying to help a parent, spouse, or an adult child, Victory Law is here to provide experienced, compassionate guidance.
