Guardianships: What You Need To Know

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GUARDIANSHIPS
What You Need to Know
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• There may come a time when you must consider
  whether someone you care for needs help seeing to
  their personal affairs

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If that time comes, it helps to understand
exactly what your options are
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Guardianship Court Proceedings
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• A guardianship requires a court proceeding where
  an individual is appointed as the guardian to
  make decisions for the ward

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The court may authorize the guardian to control
the wards property and finances or control over
the ward himself
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Depending on the situation, the guardian may be
given control over both
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Choosing and Appointing a Guardian
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Courts have very broad discretion over who is
appointed
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• However, a spouse, adult child, parent or sibling
  is usually
• the most likely candidate

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Some courts will take into consideration any
preference the ward may have as to who is
appointed
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Incapacity Determination
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• The first step in the process
• is for the court to determine whether the
  would-be ward
• is incapacitated

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• Incapacity means the inability to make proper
  decisions for ones self

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• The inability may stem from a disability,
  cognitive impairment, chronic drug or alcohol use
  or any other medical condition

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• Incapacity can also be either temporary or
  permanent.

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Duties of a Guardian
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• The primary duties of a
• guardian are to manage the
• welfare and safety of the ward

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• This may include both
• financial and personal needs

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• It is the guardians responsibility
• to protect the ward and his or her assets

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Court Supervision
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• The guardian is required to file a petition with
  the court in order to obtain written permission
  before making certain important decisions

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• For example, the decision to withhold life-saving
  medical treatment requires a court order,
• as does terminating parental rights

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

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Advantages and Disadvantages
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ADVANTAGES
The guardian remains under court supervision
The guardian has authority that is helpful when
dealing with others
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• DISADVANTAGES

Guardianships can be costly
The process is open to the public
Loss of power and autonomy can be humiliating
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Alternatives to Guardianship
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A durable power of attorney
Joint bank accounts
Revocable living trusts
Protective orders
Durable financial powers of attorney
Advance directives for health care
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What Should I Do?
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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
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The best course of action would obviously be to
take care of your loved one informally, with the
help of family and friends
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But, sometimes more formal management or control
is needed
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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
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Learn More About Guardianship in Fayetteville
Arkansas
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www.arkansas-estateplanning.com 479-443-0062