Guardianships

What can I do now to help avoid family conflict when I die or become incapacitated?

Have all your wishes placed in writing and legally executed, specifically get a Will or Trust and Durable Powers of Attorney.

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When Do I really need a Guardianship?

The first legal question is “Why does Mom need a Guardianship?” In other words what are you as the spouse or child trying to do that you cannot get done.

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Do people sometimes get a Guardianship when they really don’t need it?

Many times a doctor or nursing home personnel will say you need to get a Guardianship over your Mom.

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How do I avoid a Guardianship?

The best way to avoid a Guardianship is to pre-select who will manage your affairs and make financial and healthcare decisions for you if you are unable to do so. The best way to do this is with a Durable Power of Attorney.

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How does a Guardianship relate to a Revocable Living Trust and do I need both?

If someone has a Revocable Living Trust then a Guardianship may not be needed if all assets have been properly placed into the Trust.

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What is Guardianship?

Guardianship is the legal process of having a person, the Ward, being declared legally incompetent meaning they are unable to manage their financial affairs and make healthcare decisions.

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505 Amity Road, Suite 100
Conway, AR 72032
501-327-3527 (phone)
501-327-5346 (fax)
866-855-2498 (toll free)

11300 N. Rodney Parham Rd
Little Rock, AR 72212
866-855-2498 (toll free)