| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
DISCLAIMER: Nothing
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
| PRACTICE AREAS |
Guardianships
A guardianship is a legal proceeding whereby one person gets custody over another.
The person obtaining custody is called a guardian, and the person over whom custody is
being exercised is called the ward. A guardianship may be granted by a court when it is
necessary to protect the estate or the person of a proposed ward.
For example, if someone is showing the early signs of dementia, it may be necessary to
get a guardianship over that person to protect that person and his or her assets. Persons
with dementia may forget to pay the mortgage or electric bill. Forgetting to do so could
cause that person to be evicted, foreclosed upon, or have their power turned off in the
middle of the winter. At some point, it may be necessary to put that person in a nursing
home so that they are constantly cared for. A guardianship may be necessary in those
cases.
Another example may be when a parent is unfit and cannot or will not exercise proper
custody over a child or children. Grandparents or another concerned person can petition
the Court to establish a guardianship.
A guardian must be an appropriate person to act in that capacity. They cannot be a
convicted and unpardoned felon. They must be able to act in the best interests of the
ward. They will have to file a report annually regarding the financial, physical,
emotional, and general status of the ward. The guardian has the power to act as if the
ward was the guardian's child.
Guardianships can be terminated when it is no longer necessary or in the best interest of
the ward for the guardianship to continue. When children are involved, this is often a
very similar analysis to a custody modification.
Click here for more information on child custody.
Click here for more information on custody modifications.
The person obtaining custody is called a guardian, and the person over whom custody is
being exercised is called the ward. A guardianship may be granted by a court when it is
necessary to protect the estate or the person of a proposed ward.
For example, if someone is showing the early signs of dementia, it may be necessary to
get a guardianship over that person to protect that person and his or her assets. Persons
with dementia may forget to pay the mortgage or electric bill. Forgetting to do so could
cause that person to be evicted, foreclosed upon, or have their power turned off in the
middle of the winter. At some point, it may be necessary to put that person in a nursing
home so that they are constantly cared for. A guardianship may be necessary in those
cases.
Another example may be when a parent is unfit and cannot or will not exercise proper
custody over a child or children. Grandparents or another concerned person can petition
the Court to establish a guardianship.
A guardian must be an appropriate person to act in that capacity. They cannot be a
convicted and unpardoned felon. They must be able to act in the best interests of the
ward. They will have to file a report annually regarding the financial, physical,
emotional, and general status of the ward. The guardian has the power to act as if the
ward was the guardian's child.
Guardianships can be terminated when it is no longer necessary or in the best interest of
the ward for the guardianship to continue. When children are involved, this is often a
very similar analysis to a custody modification.
Click here for more information on child custody.
Click here for more information on custody modifications.
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |