Frequently Asked Questions

A guardian is an individual or institution appointed by the court to care for an incapacitated person (called a ward) or for the ward's assets.

An incapacitated person is an adult who has been determined to lack the capacity to manage his or her property or to make decisions regarding his or her health and safety. To determine if a person is incapacitated, a guardianship proceeding is filed in circuit court and there must be medical evidence that the ward is indeed incapacitated.

Any Arkansas resident who is at least eighteen years of age, of sound mind, and not a convicted and unpardoned felon can serve as a guardian. Where a guardian seeks authority to manage the ward's assets, the guardian typically has to provide a surety bond.

A guardian has the responsibility to care for an maintain the ward, out of the resources of the ward's estate. The guardian is entitled to custody of the ward. Certain actions require prior court approval, and the guardian will be ordered to make periodic reports to the court about the ward's condition.

A guardian can ensure that the ward is receiving care in an appropriate setting, even where the ward may wish to continue living unassisted at home. A guardian of the estate can also help prevent unscrupulous persons from taking advantage of the ward by taking control of the ward's estate.