The Law Office Of Paul D. White P.A. can help you appoint guardians to your person or your estate in the event that you are unable to care for yourself due to a physical or mental condition. The guardian will then oversee your health care and safety, as well as your finances and assets for your well-being.
There are two types of guardianships. A guardian of the person involves caring for a person's physical needs. A guardian of the estate is responsible for the assets and income of a person. Guardianship can also be established for minors.
Establishing A Guardianship
The first step is to file a petition with the circuit court. After filing the petition, the ward is served the petition, provided noticed of the hearing, and given information about his or her rights. Their condition is evaluated by a physician, psychologist, or social worker and the results are reported to the court. A hearing will be held and the individual has the right to an attorney to represent their interests. The judge will decide whether the individual is incapacitated to an extent that requires guardianship be granted.
The Criteria For Serving As A Guardian In Arkansas
Must be a resident of Arkansas
Must be 18 years of age or older
Must be of sound mind
Must not be a convicted felon
The court will also evaluate whether the person is a suitable match for the position. In matters involving unmarried minors, the court gives preference to parents.
Avoid Guardianship With Our Estate Planning
The Law Office Of Paul D. White P.A. can help you meet your estate planning needs without the need for guardianship. We can assist you in setting up:
Power of attorney:
allows a designated individual to make decisions for another person about medical or financial matters
allows a designated individual to handle the estate without the person being declared incapacitated and without an evaluation
provides a person's requests for withholding or withdrawing life support or life-sustaining treatment
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About The Law Office Of Paul D. White P.A.
The Law Office Of Paul D. White P.A. has over 21 years of experience representing clients across Saline County. We are locally owned and we are members of the National Academy of Elder Law Attorneys, Inc. Call us today for your FREE initial consultation!