Sometimes a child needs someone other than a parent to care for him or her. Sometimes an adult, like an aging parent or a family member with a disability, can no longer make safe decisions. A guardianship lets a court appoint someone to step in. I help families in Jonesboro and Northeast Arkansas with guardianships of minors and incapacitated adults, including grandparents and other relatives who are caring for a child.

What a Guardian Does

Under Arkansas law, a guardian is appointed by a court. A guardian of the person handles care and custody, such as where the person lives and day-to-day decisions. A guardian of the estate manages the person’s money and property. A court can appoint a guardian for one or both. A guardian answers to the court.

Who Can Have a Guardian

A guardian may be appointed for a minor or for an incapacitated adult. Arkansas law defines an incapacitated person as someone who is impaired by a disability, such as mental illness, physical illness, chronic drug use or chronic intoxication, to the point of lacking enough understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate (A.C.A. § 28-65-101).

What the Court Must Find

Before appointing a guardian, the court must find by clear and convincing evidence that (A.C.A. § 28-65-210):

The proposed ward is a minor or is otherwise incapacitated
A guardianship is necessary to protect the proposed ward’s interests
The person to be appointed is qualified and suitable

When the case is about an adult’s incapacity, the court requires evidence from one or more qualified professionals (A.C.A. § 28-65-211).

Guardianship of a Minor

Many minor guardianships involve grandparents or other relatives raising a child. The court appoints the most suitable person who is willing to serve. It considers things like a parent’s written wishes, the wishes of a child 14 or older, and family relationships (A.C.A. § 28-65-204). Except in emergency or temporary guardianships, a court cannot take custody of a child from a parent over that parent’s objection without clear and convincing evidence that the parent is unfit. A guardianship of a minor generally ends when the child reaches adulthood, with some exceptions (A.C.A. § 28-65-401).

Guardianship of an Incapacitated Adult

An adult facing guardianship has important rights. They include the right to have a lawyer, to be present at the hearing and to present evidence. If the court finds the person incapacitated, it must consider less restrictive alternatives to guardianship (A.C.A. § 28-65-213). The court must also consider the person’s own preference about who should serve. An adult guardianship can end if the court finds the person competent again or finds the guardianship is no longer necessary or no longer in the person’s best interest.

Who Can Serve as Guardian

Generally, a guardian must be at least 18, of sound mind and an Arkansas resident. A person with an unpardoned felony conviction is limited in serving. A nonresident may be able to serve by appointing an Arkansas agent for service of court papers (A.C.A. § 28-65-203).

The Process

A petition is filed in the county where the proposed ward lives or is domiciled.
Notice goes to the people the law requires, such as the proposed ward if 14 or older, a minor’s parents, a spouse and close relatives.
The court holds a hearing and decides whether to appoint a guardian.

In an emergency, a court can enter a temporary order quickly. The law requires a review hearing within 14 days. A temporary guardianship generally lasts no more than 90 days, and for a minor it may be extended up to 180 more days (A.C.A. § 28-65-218).

Guardianship Questions

Can grandparents get guardianship of a grandchild?

Yes, if the court makes the findings the law requires. If a parent objects, the court needs clear and convincing evidence that the parent is unfit, except in emergency or temporary guardianships.

Is guardianship the same as adoption?

No. A guardianship can end, and it does not end the parents’ legal relationship with the child. If adoption may fit your family better, we can talk about that too.

Talk With Me About Guardianship

For related matters, see my child custody, adoption and family law pages.

You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.

This page is general information about Arkansas law, not legal advice for your situation.