Seeking Or Opposing Guardianship Over A Loved One
When a person becomes incapacitated, when a health issue needs to be addressed, it may be necessary to have a guardian appointed for that person’s care and protection. Many guardianships are undisputed, but sometimes families disagree about whether or not a guardian is necessary. At the Searcy, Arkansas, law offices of Buck C. Gibson, we can help.
Our founding lawyer represents families in guardianship matters. Each situation is different. Often, we represent adult children seeking to have guardianships put in place for their aging parents or grandparents. But we are also there to represent clients who oppose guardianships. Our years of legal experience and in-depth knowledge of guardianship law allow us to do both.
We assist in guardianships of the person, which protect someone who has become incapacitated, and guardianships of the estate, which allow a family member or trusted associate to handle matters related to a person’s assets.
When Is a Guardianship Necessary?
According to Arkansas law, a hearing must occur before a guardian is appointed. The issue addressed at these hearings is usually whether the person to be subject to the guardianship has experienced incapacitation. When a person ages, he or she may have good days and bad days. It can be difficult to tell what is really necessary. At our law firm, we take your side.
A guardianship may not always be necessary. Often, while a loved one is not able to function on his or her own, he or she has made the right kind of plans during earlier life. These plans are often enough to see him or her through, like having the right estate planning documents. Powers of attorney and living wills can be put in place to help manage financial and health care decisions. However, these documents must be drafted while the person they benefit has the capacity. Once capacity is lost, a guardianship may be the best way to protect a loved one.