There are times in life when a child or adult needs someone to step in and provide care, protection, and legal decision-making on their behalf. This is where guardianship plays a vital role. At Dusty Dawn Law, we help clients understand the legal responsibilities of guardianship and guide them through the process of petitioning the court—whether for a minor child or an incapacitated adult.
Guardianship is the legal authority to make decisions for someone who is unable to do so for themselves. It may be granted temporarily or permanently, depending on the circumstances. Guardianship is commonly established for two types of individuals: minor children whose parents are unable to care for them, and adults who are legally incapacitated due to illness, disability, or age-related decline. In either case, guardianship allows a trusted person—like a family member, friend, or concerned third party—to make important decisions regarding healthcare, education, housing, and financial matters.
To serve as a guardian in the state of Arkansas, you must meet the following legal requirements:
- Be a resident of Arkansas
- Be at least 18 years of age or older
- Be of sound mind
- Not be a convicted or unpardoned felon
These qualifications are in place to ensure that individuals who are appointed as guardians are capable of managing the complex and sensitive responsibilities that come with the role. At Dusty Dawn Law, we help clients understand these qualifications and assess whether they meet the criteria before beginning the guardianship process.
For minor children, guardianship may be necessary if the parents are deceased, absent, or otherwise unfit or unable to provide proper care. This can be a difficult and emotional situation, especially when family members are trying to step in to help. We assist guardians in seeking legal custody so they can make medical decisions, enroll the child in school, and ensure the child’s basic needs are met.
For adults, guardianship often involves helping a loved one who is no longer able to make decisions due to conditions such as dementia, developmental disabilities, or severe mental or physical illness. This process typically requires medical documentation and a court determination of incapacity. The court must be convinced that the proposed guardian is the best person to act in the best interests of the incapacitated individual.
At Dusty Dawn Law, we understand the emotional weight and legal complexity of seeking guardianship. We will walk you through the process, help you gather necessary documentation, prepare your petition, and represent you in court if needed. We take the time to understand your unique situation and help you make informed decisions about whether seeking guardianship is truly the right step for you and your loved one.
If you’re considering petitioning the court for guardianship, or if you’re unsure whether guardianship is appropriate in your situation, let us help you evaluate your options. From filing the petition to representing you during the court proceedings, our team is committed to making the process as smooth and stress-free as possible.
Contact Dusty Dawn Law today to schedule your 30-minute consultation. We’re here to help you protect those who need it most—when they need it most.
