When a loved one is no longer capable of caring for themselves, you may seek legal guardianship to make important medical and financial decisions on their behalf. Depending on the situation, you can request to become guardian over another adult, their estate, or both. To be appointed this role in Arkansas, you must file the proper paperwork and go through a formal procedure to obtain a court order. That’s why it’s best to have a clear understanding of what the process entails before submitting a petition.

Arkansas law requires guardians to reside in the state, be at least 18 years old, of sound mind, and not a convicted felon. If you meet these requirements, you can begin by filing a petition for guardianship with the court in the county where the proposed ward lives. You will also need to officially notify the individual and their close family members of your intent to become a guardian. Once this step has been completed, the court will ask for a professional evaluation of the adult to determine if they are incapacitated and unable to manage their own affairs.

After the evaluation is complete, the court will hold a hearing to go over the findings. This will be your opportunity to explain why you are asking to be named guardian and provide evidence of the proposed ward’s incapacity. This may include medical records and witness testimony. Taking all factors into consideration, the court will then decide whether or not guardianship is appropriate, as well as if you are suitable for the position.

Obtaining guardianship will give you the authority to ensure the ward’s best interests are taken care of concerning matters of health and finances. D. Randall Drake, attorney at Drake Law Firm PA in Mountain Home, AR, has helped many clients navigate the complex legal system to establish guardianship when necessary. For years, he has been entrusted to protect the rights of the elderly and assist with all their estate administration needs. Contact the Drake Law Firm at (870) 425-2460 or visit them online for additional information.