Guardianships: What You Need To Know

GUARDIANSHIPSWhat You Need to Know

There may come a time when you must consider whether someone you care for needs help seeing to their personal

affairs

If that time comes, it helps to understand exactly what your

options are

GUARDIANSHIP COURT PROCEEDINGS

A guardianship requires a court proceeding where an

individual is appointed as the guardian to make decisions for

the ward

The court may authorize the guardian to control the ward’s property and finances or control over the ward

himself

Depending on the situation, the guardian may be given

control over both

CHOOSING AND APPOINTING A GUARDIAN

Courts have very broad discretion over who is

appointed

However, a spouse, adult child, parent or sibling is usually the most likely candidate

Some courts will take into consideration any preference

the ward may have as to who is appointed

INCAPACITY DETERMINATION

The first step in the process is for the court to determine whether the would-be ward

is incapacitated

Incapacity means the inability to make proper decisions for

one’s self

The inability may stem from a disability, cognitive

impairment, chronic drug or alcohol use or any other

medical condition

Incapacity can also be either temporary or permanent.

DUTIES OF A GUARDIAN

The primary duties of a guardian are to manage the

welfare and safety of the ward

This may include both financial and personal needs

It is the guardian’s responsibility

to protect the ward and his or her assets

COURT SUPERVISION

The guardian is required to file a petition with the court in

order to obtain written permission before making

certain important decisions

For example, the decision to withhold life-saving medical treatment requires a court

order, as does terminating parental

rights

The guardian is also required to make annual reports to the court as to the status of the ward and the ward’s affairs

ADVANTAGES AND DISADVANTAGES

The guardian remains under court supervision

The guardian has authority that is helpful when dealing with others

ADVANTAGES:

DISADVANTAGES:

Guardianships can be costly

The process is open to the public

Loss of power and autonomy can be humiliating

ALTERNATIVES TO GUARDIANSHIP

A durable power of attorney

Joint bank accounts

Revocable living trusts

Protective orders

Durable financial powers of attorney

Advance directives for health care

WHAT SHOULD I DO?

Regardless of the cause of incapacity, it is imperative that the problem is not allowed to

progress to the point that they become a danger to themselves or others

The best course of action would obviously be to take

care of your loved one informally, with the help of

family and friends

But, sometimes more formal management or control is

needed

Discuss your situation and your concerns with an estate

planning attorney so you can choose the plan that is best for

you and your family

LEARN MORE ABOUT GUARDIANSHIP

IN FAYETTEVILLE ARKANSAS

WWW.ARKANSAS-ESTATEPLANNING.COM

479-443-0062