Guardianship

You are already the one taking care of them. Get the authority to match.

Guardianship of a minor or an incapacitated adult gives you the legal standing to make the decisions you are already responsible for. Knollmeyer Law Office has helped Arkansas families arrange it for over 40 years.

Free consultation · No obligation · Central Arkansas

Where families find themselves

Doing the caring without being allowed to decide

A grandchild moved in and nobody at the school will talk to you. A parent's memory has gone and the bank will not discuss the account that their bills are being paid from. A brother had an accident and every institution wants authority from someone who cannot give it.

None of that is a failure on your part. It is the gap between who is doing the work and who is legally recognized to make decisions, and that gap tends to appear at the worst possible moment, in a hospital corridor or a school office.

Guardianship closes it. It is a court giving you the standing that matches the responsibility you already carry.

Two situations

Guardianship of a minor, or of an adult

Guardianship of a minor

Most often a grandparent, an aunt or an uncle raising a child whose parents cannot, for as long as that is the case.

  • School, medical and day-to-day authority
  • Does not end parental rights
  • Can be ended when it is no longer needed

Guardianship of an adult

For an adult who can no longer manage his or her own affairs, whether through dementia, injury or disability.

  • Requires medical evidence of incapacity
  • Can cover the person, their estate (property and income), or both
  • Carries ongoing duties to the court
Guardianship attorney meeting with family members at a Central Arkansas law office

Why us

Sometimes the answer is that you do not need one

Guardianship is a serious step, particularly over an adult, because it moves decisions away from the person it concerns. Where a power of attorney or a narrower arrangement would do the job, we will say so rather than filing the bigger case.

Where guardianship genuinely is the right answer, we handle the petition, the evidence and the hearing, and we explain the duties that come with it before you agree to take them on.

  • Guardianship of minors, including grandparents raising grandchildren
  • Guardianship of incapacitated adults
  • Guardianship of the person, the estate, or both
  • Modifying or ending a guardianship
Talk about your situation

Common questions

What families ask us

What is the difference between guardianship and adoption?

Adoption permanently changes who a child's legal parents are. Guardianship gives you the authority to care for and make decisions for someone without ending anyone's parental rights, and it can be ended when it is no longer needed. Which one fits depends on what you are trying to achieve and how permanent the situation is.

Can I get guardianship of my grandchild?

Grandparents raising a grandchild is one of the most common guardianships we handle. The court looks at what the arrangement does for the child and the fitness or unfitness of the parents. A grandparent who has already been providing the care is in a strong position to explain that.

My parent has dementia and will not accept help. What can I do?

Guardianship of an incapacitated adult exists for that situation, and it requires medical evidence rather than family opinion. It is also a serious step, because it removes decisions from the person it concerns. We will talk through whether a power of attorney or a lesser arrangement would do the job.

Does a guardianship last forever?

Not necessarily. A guardianship of a minor generally ends when the child reaches adulthood, and any guardianship can be terminated or modified when circumstances change. It is a tool for a period of need, not a permanent transfer.

Do I have to report to the court?

Usually yes. A guardian typically has ongoing duties, which can include accounting for the person's assets and reporting on his or her wellbeing. We will explain exactly what your obligations would be before you take it on.

Get the standing you need

Call us for a free consultation. We will work out whether guardianship is the right tool and what it would take.

Monday to Friday, 8:30 AM to 5:00 PM