Guardianships: What You Need To Know
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GUARDIANSHIPS What You Need to Know
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Everything you need to know about guardianships in Fayetteville, Arkansas.
Transcript of 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
