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Domestic Relations Practice Area

Guardianship

M.W. Law, PLLC provides legal representation for a wide range of family law matters. Although each person's story is different, often similar legal issues arise during the litigation process. M.W. Law, PLLC is committed to educating you about the applicable law and the litigation process.

An Order of Guardianship is a court order that grants a person temporary or permanent custody over a minor or otherwise incapacitated individual. A “guardian” is a person who is appointed by the court to have the care and custody of the person, or estate, or both, of an “incapacitated” person.

 

Guardianships are frequently granted to protect the following persons:

 

  • Over an adult who is impaired by reason of a disability, such as a mental illness, mental deficiency, or physical illness to the extent that he or she lacks sufficient understanding, or capacity to make or communicate decisions, to meet the essential requirements for his or her health, safety, or to manage his or her estate;

  • Over a minor whose parent(s) are impaired by reason of a disability, such as a mental illness, mental deficiency, or physical illness;

  • Over a minor whose parent(s) are incarcerated;

  • Over a minor whose parent(s) have passed way;

  • Over a minor whose parent(s) have abandoned him or her;

  • Over a minor whose parent(s) fail to properly care for him or her;

  • Over a minor whose parent(s) are addicted, or who are chronically under the influence, of alcohol, drugs, or (misused) prescriptions medications; or

  • Over a minor when his or her parents consent to the guardianship.

 

Guardians are frequently related to the child, or incapacitated adult; however, a biological relationship is not a legal requirement. In order to be a guardian in Arkansas, you must: (1) be a resident of the state of Arkansas; (2) be eighteen years of age; (3) be of sound mind; and (4) not be a convicted or unpardoned felon.

 

M.W. Law, PLLC can help you determine whether you should petition the court for guardianship over a minor or incapacitated adult.  Contact M.W. Law, PLLC today to schedule a consultation to discuss your legal options.