This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Arkansas Standby Guardianship Guide
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Multi-State
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US-ADOP6
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How to fill out Standby Guardianship Guide?
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FAQ
A Permanency Option. Legal guardianship is a judicially created relationship between a child and responsible adult in which the guardian assumes many of the rights and responsibilities that customarily would reside with the child's parents.
If there is a fear that the child will be harmed while in the parents' care or if a guardianship is needed immediately to get the child medical care or enroll them in school, then papers may be filed asking the judge to grant emergency custody.
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 ...
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 ...
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.
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.
