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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. A non-resident can be appointed as the guardian over an Arkansas resident but must be able to post bond.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
Section 28-65-218 - Emergency and temporary guardianships (a) (1) (A) If upon presentation of an emergency ex parte motion accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail the court finds that there is imminent danger to the life or health of an incapacitated person ...
The Arkansas Guardianship Process File a Petition for Appointment of Guardian of the Person and Estate with the probate court. ... 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.
Guardianship versus parental rights The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.
To end a guardianship you must get a judge to approve the termination. This means you have to file paperwork in court, let the guardian know, and set a date to present your evidence to the judge.
Section 28-65-214 - Guardianship order (a) A court order establishing a guardianship shall contain findings of fact that the respondent is an incapacitated person and is in need of a guardian for the person or estate, or both.