Arkansas Elder Law &
THE RAYMON B. HARVEY LAW FIRM
Special Needs Trusts
Guardianship is a tool to be considered only when a person cannot because of age or mental limitations, make competent decisions regarding his/her own affairs. It is the most restrictive and intrusive form of surrogate decisionmaking. Guardianship is necessary when access to the individual’s assets is required (to pay for care or basic necessities) or healthcare and living decisions must be made. An individual, who has an appointed guardian, is called the ward.
Arkansas Legislature has set out two basic types of guardianships:
• Guardianship of the Person that allows the Guardian to make decisions about where you live and the medical treatment you will receive.
• Guardianship of the Estate that allows the Guardian to make decisions about and control your finances.
There are different degrees of guardianship. It may be limited or the guardianship may be total. It can also be temporary or permanent.