How to Petition for Guardianship in Arkansas
- 1). Make a decision about the type of guardianship you want to pursue. The state of Arkansas recognizes three types of guardianship. They are guardian of person, guardian over estate, and guardian over person as well as estate. When a guardian is appointed over a person, the court has granted him with the legal authority to make health care decisions on the ward's behalf and to ensure he is living in a safe environment. A guardian over an estate has the legal authority to manage the ward's assets. A person who is granted guardian over both person and estate legally carries out responsibilities outlined under both person and estate. The degrees of guardianship range from limited to full and temporary to permanent and are imposed according to the needs of the ward.
- 2). File a petition for guardianship with the probate court in located in the county where the prospective ward resides. It may also be necessary to submit a statement from your physician. Be prepared to pay court cost and filing fees. The court will notify all interested parties and will set a hearing date. During the hearing phase present evidence supporting the need for guardianship. The proposed ward has the opportunity to contest the appointment. The judge will weigh the evidence and make a decision in the best interest of the ward. If guardianship is granted it may be necessary to post a bond. If a bond is not required you may sign an acceptance of appointment and take custody of the ward and or property. Once the petition for guardianship is filed the court will determine if there is a need for the ward to have a temporary guardian. If the court finds that there is a need, a special non-relative guardian called guardian ad litem may be appointed. This type of guardianship is granted in instances where the ward does not have a legal representative to appear on his behalf at hearings.
- 3). Maintain accurate records. A guardian over a ward's estate has a legal responsibility to provide the court with an annual accounting of assets, which include income and expenditures. Guardians must also submit an annual report that supports the need to continue guardianship. It must also contain information about the condition of the ward's estate along with a disclosure of his current living arrangement.
