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Section 28-65-222 - Parental appointment of temporary guardian (a) (1) Except as provided in § 28-65-218 and in subdivision (a)(2) of this section, a parent of a minor child may appoint one (1) or more persons to act as a temporary guardian of his or her minor child in the event of the death of the parent if the: (A) ...
There are two types of guardianships, guardianship of the person and guardianship of the estate. Guardianship of a minor is usually guardianship over both the person and their estate. A child's estate could include Social Security benefits or a recovery from a lawsuit.
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.
Custody is generally only given to parents. A judge can order guardianship over anyone who is incapacitated. A person under 18 who hasn't gone through a removal of disabilities, or emancipation is incapacitated. In a guardianship case the judge assumes that it is best for children to live with their parents.
The first step in obtaining guardianship entails filing a Petition with the Arkansas court and notifying the child's parents or current caretaker. If you are interested in gaining guardianship over a child, the first step is to file a Petition for the Appointment of a Guardian with the court.
In the event of an emergency filing, you can be granted temporary guardianship for 90 days; after that time period, guardianship of a minor either becomes permanent or is dismissed.
File a Petition for Appointment of Guardian of the Person and Estate with the probate court. The form is available for download from this list on ARCourts.gov. Get a professional evaluation of the ward within six months of filing the petition. Attend the guardianship hearing with your attorney to prove your case.