ARKANSAS PROBATE ESTATE & TRUST ADMINISTRATION LAWYERS

The death of a loved one can be very difficult on the surviving family members. Our Arkansas Probate Estate & Trust Administration lawyers strive to compassionately take the surviving family members through the processes of probate or trust administration, dissolving and distributing trust assets, or other actions required by the circumstances.

The attorneys at Hyden, Miron & Foster, PLLC, are dedicated to assisting individuals and families in need of guardianships for loved ones who are unable to manage their affairs on their own. As people are living longer, it is a sad reality that some will not be able to care for themselves in their later years. Individuals can use the guardianship process in Arkansas to obtain the legal ability to care for their loved ones and manage their assets and finances. The attorneys at Hyden, Miron & Foster, PLLC, based in Little Rock, Stuttgart and Conway, Arkansas, have helped countless individuals in guardianship matters over the years.

A guardian is an individual or entity appointed by a court to make decisions for another person that is incapacitated. Someone is incapacitated when they are impaired due to physical or mental illness or deficiency. An individual is not just decided to be incapacitated without any evidence. They must undergo a professional evaluation which assesses their physical and mental states, medical conditions, cognitive functioning and adaptive behavior. The evaluator will then make a recommendation as to whether the individual should be found to be incapacitated and the court will make a final decision.

The State of Arkansas recognizes two main types of guardianships. A guardian of the person is an individual appointed to make life decisions for an incapacitated person and to physically care for or make arrangements for the care of that person, using that person’s resources. A guardian of the estate is an individual appointed to manage an incapacitated person’s property and finances. A guardian can be appointed temporarily, for life or put in place as a contingency. Their powers can also be limited to apply only to specific situations. 

An individual or entity must possess certain qualifications and meet certain requirements in order to be appointed as a guardian. Once appointed, a guardian is given a variety of powers and also charged with certain duties and obligations. A guardian of the person must care for and maintain the incapacitated person in accord with the resources available. A guardian of the estate must exercise due care when managing the incapacitated person’s finances and property. Although a guardian is granted broad decision-making authority for the incapacitated person’s affairs, court approval is necessary for certain things. Guardians are also subject to strict reporting requirements. They must annually submit documentation detailing the incapacitated person’s physical and mental status and living arrangements, as well as a detailed accounting of the incapacitated person’s finances and property, if applicable. 

It is important to have an experienced attorney on your side when dealing with a guardianship issue. Initially, it can be difficult to decide whether to pursue a guardianship. If it is the best option, the legal requirements for an appointment are complex. If the court decides that a guardian should be appointed, fulfilling all of the duties and reporting requirements is a large task. The attorneys at Hyden, Miron & Foster, PLLC can assist you with all phases of guardianship from advising you on whether to pursue one to keeping up with the reporting requirements. Contact our Little Rock and Conway, Arkansas attorneys by calling 501-482-1787.