Guardianships

What is a Guardianship?

In Arkansas, a Guardianship is essentially when you have authority over person and/or estate of an incapacitated person. The first element of a guardianship case is to prove that the Ward is incapacitated, or incapable of handling themselves or estate. 

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Proving Incapacity for a Guardianship:

When the Ward is a minor child, Incapacity is presumed. Once the Ward attains the age of majority (over 18 years old), the guardian will need prove the adult ward is incapacitated due to a medical issue. In order to accomplish that, the potential guardian will need a medical professional to fill out an Affidavit of Professional Evaluation for Guardianship, which shall describe in detail the nature of the proposed ward's disability. 

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Types of Guardianship:

• Juvenile Guardianships– these are usually when the parents are unfit for some reason and so the grandparent, aunts and uncles, or other family members step up to be there for the child(ten).

• Adult Guardianships– generally when a child has a lifelong disability (such as autism) and the parents need to still be able to make decisions for their adult children. My firm can help make the transition from juvenile to adult as seamless as possible for the Caretakers and, therefore, the Wards.

• Elder Guardianships– on the bell curve of life, we are incapacitated in our youth and then again in our golden years. Sometimes as the mind starts to slip, our children must step up and take care of their parents. Austin Lucas Law can help in that situation.

 

Guardianship Limitations:

• Person v. Estate– is the Ward capable of managing themselves &, if so, can they manage their finances? Depending we 

• Time & Duration– the guardianship only lasts as long as the Ward is Incapacitated. A Temporary Guardianship can only survive for 90 days without being extended, and a Permanent Guardianship requires an Annual Report to be filed with the Court giving the Judge updates about the Ward's life, condition, and whether the guardianship is still necessary.

 

Why Choose Austin Lucas Law?

• Experience and Expertise- Our attorneys have years of experience navigating the intricacies of probate law and can provide clear, practical guidance at every stage of the process.

• Compassionate Guidance- We understand the emotional and financial challenges that come with caring for a loved one. My firm is committed to offering compassionate, responsive support throughout the probate process.

• Efficient Process- Guardianships can often take months, even years, to resolve. We work diligently to help expedite the process, ensuring that assets are distributed in a timely manner and in accordance with the law.

 

Contact Us Today!

If you are dealing with the probate of an estate whether testate or intestate, trust, or will, or if you are an executor, personal representative, or beneficiary who needs legal assistance, contact our office today. We offer a confidential consultation to discuss your situation and provide you with the legal support you need.

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Here is a link to help you with some of the Guardianship Forms: https://arcourts.gov/forms-and-publications/court-forms/probate-division/forms These may give you some more information about the process. However, if you would like some professional help, then call Austin Lucas Law right now!