- The importance of having a durable power of attorney in place.
- The challenges of adult guardianship and some helpful alternatives.
What is adult guardianship in Arkansas and when might it be a viable option for caring for a loved one?
Adult guardianship occurs when one adult is appointed as guardian for another incapacitated adult. This could be due to mental or physical reasons, like dementia, Alzheimer's, or severe mental illness. A guardian manages the ward's affairs, including personal and financial decisions.
What are the legal steps that someone can take to protect an elderly or incapacitated relative?
The first step is to obtain a durable power of attorney if the person is still competent to sign one. If not, and they can't take care of themselves, you need to file a petition for guardianship.
Are there alternatives to adult guardianship that should be considered?
The best alternative is to have a power of attorney in place before the person becomes incompetent. Once they are incompetent, someone must be legally authorized to make decisions for them, and guardianship is the only option if there's no power of attorney.
Can a guardianship be challenged?
Yes, a guardianship can be challenged by the ward or other relatives. A trial will be held, and the judge will decide if the guardianship is necessary and if the proposed guardian is the right person for the role.
Can a guardianship be made permanent?
Most guardianships are titled as "permanent" but can be terminated if the ward regains competency or if it is otherwise no longer necessary.
What is the difference between guardianship and conservator in Arkansas?
In Arkansas, the term conservator is rarely used. Instead, we refer to the guardian of the person, the guardian of the estate, or the guardian of the person and estate. (Guardianship of the person involves personal decisions, while guardianship of the estate involves financial decisions.)
This article is general information about Arkansas law, not legal advice about your situation, and reading it does not create an attorney-client relationship. The law changes. Talk to a lawyer about your own facts before acting.