Quick Guide to Arkansas Guardianships 

 

 

Arkansas Guardianship

 

 

Most laws concerning Arkansas guardianship are located under Title 9 Family Law of the state’s revised code.  For a complete listing of all Arkansas guardianship laws, visit the searchable code under the general assembly.   

 

 

If you are thinking about becoming certified for Arkansas guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  

 

 

Eligibility Factors for Arkansas Guardianships

 

 

Any U.S. citizen in the state of Arkansas can qualify as a guardian except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of state, but a court will consider electing a nonresident if the decision meets the best interests of the court.    

 

 

If the Arkansas guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given to another qualified guardian.    

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  

 

 

What is the Arkansas Subsidized Guardianship Act?

 

 

Arkansas guardianships under the Subsidized Guardianship Act receive funding—just as in foster care—from the Department of Human Services (DHS).  There are a large number of qualifying factors for these types of Arkansas guardianships, and section 9-8-204 of the state code lists qualifying factors: 

 

 

1. the child has been removed from the custody of their parents because continued care would decrease the welfare of the child

 

 

2. the department is responsible for the placement and care of the child

 

 

3. being returned home or being adopted is not an option for the child

 

 

4. permanent placement within an Arkansas guardianship meets the best interests of the child

 

 

5. the child demonstrates a strong attachment to the guardian and the guardians shows strong commitment to the child

 

 

6. if the child is 14, the child has been consulted regarding Arkansas guardianships

 

 

7. the guardian is qualified to a means-based test

 

 

8. if required, a certain degree or relationship exists between the child and the guardian

 

 

9. the child has special needs

 

 

How do I file for Arkansas Guardianships?

 

 

In order to file for an Arkansas guardianship, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Arkansas guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  The state has a large amount of contact information for local courts at the following link: 

 

 

 

 

Quick Guide to Kansas Guardianships under the KGP

 

 

Kansas Guardianship

 

 

The majority of Kansas guardianships occur under the Kansas Guardianship Program (KGP).  In order to apply for guardianship in Kansas, a person must be over the age of 18, have no criminal background, show evidence of responsible finances, and show true concern in caring for the incapacitated adult.  

 

 

In order to start applying for Kansas guardianships, you’ll have to contact the Main Office at (785) 587-8555 or visit the office at 3248 Kimball Avenue in Manhattan KS, 66503. 

 

 

How do I Apply for Guardianship in the state of Kansas?

 

 

There are specific steps required for all Kansas guardianship regardless if the ward is an adult or minor.  These steps are in place to protect the ward: 

 

 

Step 1: File the Petition

 

 

An attorney will have to prepare the petition in the state of Kansas, and the form will need submitted to the district court by the person who needs a guardian.  The petition will require a large amount of specific information, and details about this information are located in section 13.2 of the link provided above.  

 

 

Step 2: Mandatory Orders

 

 

Once the court receives the petition for the Kansas guardianship, a number of mandatory orders will be instituted to fix the date of the trial, the appointment of attorneys, and for an evaluation if no report was attached to the petition.  

 

 

Step 3: Examination and Evaluation

 

 

Kansas guardianship require an licensed professional to complete a report on the ward’s physical and mental condition, cognitive abilities and limitations, adaptive behaviors, social skills, educational and developmental potential, recommendations for treatment and/or rehabilitation, and more if appropriate.  

 

 

Step 4: The Trial

 

 

A series of notices will be given to all parties involved in the Kansas guardianship before the trial, and the actual trial will be held before a judge or jury.  After the court has heard testimony, the judge will determine if the adult or minor with the impairment needs a Kansas guardianship or conservatorship.  

 

 

Step 5: Oath of Kansas Guardianships or Conservatorships

 

 

Before letters of appoint are issued, the individual or nonprofit corporation (acting as guardian of the estate) will have the ward write an oath of guardianship will discharges all duties specified by the court to the guardian.

 

 

Also, Kansas guardianships after January 1, 2009 require the guardian to file evidence with the court that they have completed basic instructional programs about the duties and responsibilities of a guardian or conservator before letters of appointment are issued. 

 

 

Step 6: Letters of Appointment

 

 

Once the letters of appointment have been officially filed for the Kansas guardianship, the guardian will begin taking care of the ward.  If a conservator is elected, they must submit an inventory of all the ward’s property and assets to the court within 30 days.  

 

 

For more information on responsibilities of a guardian in Kansas, visit the link provided at the beginning of this article.  

 

 

 

 

Frequently Asked Questions about Delaware Guardianship

 

 

What is Delaware guardianship?

 

 

Delaware guardianship law controls how individuals take on the powers, rights and duties for protecting and managing a child, responsibilities which are typically bestowed upon legal parents. 

 

 

Once Delaware guardianship is legally granted, a guardian becomes practically a parent legally. One of the few differences between Delaware guardianship and parental status is that a third party cannot sue a guardian for a misdeed committed by their child. Additionally, guardians can have their rights limited by the court, while parents cannot.

 

 

What is Permanent Delaware Guardianship?

 

 

Permanent Delaware Guardianship allows for a child to develop a permanent self-sustaining relationship between a child and an adult, but it does not infringe on the parenting rights of child’s actual parents, which separates Permanent Delaware Guardianship from full legal adoption.

 

 

A Custody Order is also bestowed along with Guardianship, which implies that a Permanent Guardian is expected to have custody of the child, see them regularly, and have responsibility for their care and maintenance, as well as their education, travel, eating, and location.

 

 

The only individuals eligible to apply as Permanent Delaware Guardians are blood relatives and foster parents. Importantly, the child’s actual parents may not petition the court to change or revoke another individual’s Permanent Guardianship rights over their own child. Additionally, Delaware Guardianship Law does allow for the somewhat unusual situation of a parent paying child support to the Guardian.

 

 

What is Standby Delaware Guardianship?

 

 

The purpose of Standby Delaware Guardianship is for a parent who is suffering from a progressive chronic disorder or a fatal disease to be able to quickly make plans for their child’s care in case of the worst. The idea is that the parent won’t have to give up their own parental rights for the Standby Delaware Guardianship rights to take over.

 

 

Every petitioner for Standby Delaware Guardianship is the parent of a child, trying to find the individual to give parental rights to after their death. No one can petition for Standby Delaware Guardianship rights for themselves; they must be bestowed upon another.

 

 

A parent may petition for Standby Delaware Guardianship even if there is another parent who could conceivably take care to the child. In order for such a Standby Delaware Guardianship petition to be valid, one must prove either that the other parent is dead, that their rights have been terminated, or that the other parent for whatever reason consented to being left out of the Standby Delaware Guardianship.

 

 

A Standby Delaware Guardianship takes effect once one of two things happens: either, there has been a receipt of a determination of a petitioner’s incapacity, their debilitation, or their death, or the other petition has given then written consent to Standby Delaware Guardianship.

 

 

Within 30 days, the applicant for Standby Delaware Guardianship must petition the Court for confirmation of their status or else risk forfeiture. 

 

 

Where do I learn about more about Delaware Guardianship?

You can find out more about Delaware Guardianship system at home. Check out the state’s site here.

 

 

 

 

Frequently Asked Questions about Alaska Guardianship Law

 

 

What is Alaska guardianship law?

 

 

Alaska guardianship laws allow for individuals to have a legally recognized ability to control the finances, housing or medical care of another individual who is not capable of making decisions in their own benefit.  The person whose affairs a guardian manages is called a ward, and every guardian has a legal responsibility to their ward and can be held accountable in court for their decisions or mistakes.

 

 

When is guardianship needed?

 

 

There are strict limitations concerning when Alaska guardianship law comes into play, as unnecessary appointment would be a grave affront to the personal rights of the ward. A prospective guardian will have to show that an individual’s ability to receive information, to evaluate that information, or to communicate their decisions is severely impaired so that it is impossible for them to mange for their own health and safety, including managing their food, shelter, clothing and medical decisions. In other words, if an individual risks suffering physical injury or illness for not having a guardian, then a guardian can be appointed.

 

 

What is a conservatorship?

 

 

Alaska guardianship law differentiates between a guardianship and a conservatorship. While a guardian may control any aspect of their ward’s affairs so long as they are designated to do so by the court, a conservator is limited only to financial affairs such as paying debt, managing income, and arranging taxes.

 

 

Up until 2004, there was an Alaska guardianship law which said that an individual would need two separate appointments as both conservator and guardian in order to manage an individual’s finances as well as their healthcare and shelter. However, a new statute allowed full guardians to have financial powers without getting a separate appointment.

 

 

Who can be a guardian?

 

 

In order to be obtain an Alaska guardianship, you must NOT do any of the following five thing:

 

 

• Provide professional services to the ward;

 

• Serve as creditor to the ward;

 

• Have any interests which might conflict with the interests of the ward;

 

• Work for anyone who provides services or whose interests conflict with those of the ward;

 

• Be under eighteen years-old.

 

 

Note that conflicts of interest can be ignored in the case of relatives, such as spouses, children or siblings, as long as the court rules that any conflicts of interest are insubstantial.

 

 

How do I file for Alaska guardianship?

 

 

1. Fill out Petition form PG-100, make one copy and file with your county’s superior court. A $75 filing fee will be charged. In the mail, you’ll receive an Order for Appointments and Notice of Hearing, schedule your appearance before the court.

 

 

2. Notify all interested parties including the person who takes care of the ward currently of the action.

 

 

3. Allow Court Visitor to investigate the ward’s current living condition and decide if guardianship is needed.

 

 

4. Respond to Visitor’s Report within ten days.

 

 

5. Court hearing is held within 120 days of original petition, and the judge will decide whether or not to grant guardianship.

 

 

 

 

Frequently Asked Questions about South Dakota Guardianship

 

 

What is South Dakota guardianship?

 

 

When you obtain South Dakota guardianship, you will have a legally verifiable relationship with another person which gives you some agency over their personal affairs. Usually, guardianships are obtained for people who are unable to take care of themselves because they are ill or handicapped. Typical decisions which a guardian makes concern a person’s health care, living conditionals, and financial holdings.

 

 

Is there more than one type of South Dakota guardianship?

 

 

Yes, there are at least four types of South Dakota guardianship recognized by the state, including:

 

 

• Limited Guardianship: The guardian maintains authority in only those areas of a person’s life which the court has judged them to be incapable of controlling. For instance, a limited guardian may be appointed to control someone’s healthcare decisions but not their finances.

 

 

• Temporary Guardianship: In the event of a medical emergency, a temporary guardian can be appointed to have full-control of a person’s affairs but for a period of only 90 days.

 

 

• Joint Guardianship:  South Dakota guardianship can be split between two or more individuals with equal claim to guardianship authority. For instance, the parents of a handicapped adult could be appointed joint guardians.

 

 

• Full Guardianship: This is non-conditional authority over an ill or handicapped person’s affairs.

 

What is a conservatorship?

Just think of a conservatorship as a limited guardianship, in which the protected person’s finances are looked after by their limited guardian, but the guardian can make no other decisions. Conservatorship is strictly limited to this one area of authority, and it does not include the healthcare realm.

 

 

How do I obtain South Dakota guardianship?

If you want to apply for South Dakota guardianship over a loved one, you will first petition your county court with an outline demonstrating the need for guardianship and the exact parameters of the relationship requested. You will also need a statement of the protected person’s financial resources and a report from the physician, psychologist, or psychiatrist which will describe the protected person’s handicap and its effect.

 

 

Once you turn in these materials, a hearing will be scheduled. After a discussion with a judge concerning whether South Dakota guardianship is appropriate, the judge will reach a decision and their order will be followed.

 

 

Can I get help filing for South Dakota guardianship?

The best resource to help a person file for South Dakota guardianship is a family lawyer, who will fill out legal documents for you and present your case to the judge in as persuasive a manner as possible. These lawyers cost money, but the good news is that the Establishment Program exists to help family pay the costs of establishing guardianship.

 

 

As much as $500 is available to go toward paying your South Dakota guardianship lawyer. In order to apply, the protected person must be over 18 and a resident of South Dakota. They must also have a documented disability in South Dakota Code SDCL 27B-1-18 and be the first-time recipient of South Dakota guardianship.

 

 

 

 

 

Quick Guide to NE Guardianship 

 

 

Nebraska Guardianship Laws

 

 

The majority of laws addressing Nebraska guardianships are located in §30-2601 – 2661 of the state’s revised statutes.  These laws on NE guardianship will prove helpful, but the majority of information within this article is referenced form the following website under the state’s Judicial Branch: 

 

 

Requirements for Nebraska Guardianships

 

 

In order to file for Nebraska guardianship, a person over the age of 18 must make sure to submit multiple documents and fully qualify.  Procedures for Nebraska guardianships are extensive compared to some states, and the state will usually give preference to family members and other peers before anyone else in a NE guardianship. 

 

 

According to state law and the Judicial Branch, the following documents are required for Nebraska guardianships: 

 

 

1. A credit report from a credit reporting agency/business

 

 

2. An affidavit of Sex Offender Registry Search, and the registry can be found at the following link: https://www.nsp.state.ne.us/sor/find.cfm.  If the Nebraska guardianship is for a guardian out of state, the applicant should use their home state’s registry. 

 

 

3. A criminal history check and a Nebraska State Patrol Criminal History Reports for Arrest and Prosecution (RAP) sheet.

 

 

4. An Abuse, Neglect Registry check and clearance

 

 

All of the forms listed above must be submitted to the court 10 days before the Nebraska guardianship is approved.  Additionally, Nebraska guardianships often require educational classes before the person is appointed as guardian.  For more information, visit the information provided by the Judicial Branch.

 

 

How do I initially file for NE Guardianship?

 

 

In order to file for Nebraska guardianship, an applicant must submit a petition to their local county court before a trial is set up.  Complete information about all clerk magistrates in the state is listed here, and if you have questions about the Nebraska guardianship, you can contact the clerks with questions. 

 

 

What Responsibilities come with a NE Guardianship?

 

 

A person has numerous responsibilities within a Nebraska guardianship.  Apart from the responsibilities before the NE guardianship becomes official, a guardian will have to file their Order of Appointment and almost always submit an annual report.

 

 

An Order of Appointment for Nebraska guardianships is an oath the guardian takes after receiving NE guardianship rights.  The Order must be sent to all individuals who received a copy of the petition for the Nebraska guardianship.  

 

 

Additionally, an annual report for Nebraska guardianships usually requires the following information: 

 

 

• description of the current health of the ward and the following;

 

 

• living arrangements within the Nebraska guardianship

 

 

• medical, educational, vocational, and other services provided to the ward

 

 

• summary of your visits during the NE guardianship 

 

 

• statement of whether you agree with the current plan

 

 

• the need for extended Nebraska guardianship

 

 

• other information the court may find useful

 

 

• the compensation you requested for the NE guardianship, and other expenses you incurred

 

 

If guardians fail to meet their responsibilities or the court determines the ward can now take care of themselves, Nebraska guardianships may be terminated.  

 

 

 

 

What are Idaho Guardianship laws?

 

 

Idaho guardians of minor children are appointed by the state courts to care for children or the children’s assets. Any individual who is not an adoptive or biological parent or who does not have a child custody order filed against them may require a guardianship to care for the children, authorize medical care and enroll them in school. Idaho Guardians can include grandparents or any other close relatives. If the prospective child has substantial assets (over $5,000 as determined by Idaho Guardianship Laws) from working, inheritance, gifts etc., the Idaho guardian is awarded authorization to handle the youth’s state.

 

 

Idaho Guardianship Law: How is a Guardian Appointed?

 

 

Idaho guardianship laws permit courts to appoint Idaho guardians for unmarried minor children when parental rights of the biological Barents are terminated or when the child has been abused, neglected or abandoned. Moreover, Idaho guardianship laws permit courts to appoint an Idaho guardianship when the child’s biological parents are deemed financially, emotionally or mentally ill-equipped to care for the minor child. According to Idaho Guardianship law, abandonment refers to failing to care for or support the minor child for at least six months.  

 

 

ID Guardianship Law: How does the State Choose a Guardian?

 

 

ID Guardianship laws specifically state that advanced disabilities or age will not be weighed or viewed as a reason to refuse an Idaho guardianship so long as the potential Idaho guardianship can adequately care for the minor child. According to ID Guardianship law, a fit Idaho guardian who is named as guardian in a parent’s will possesses authority over others unless the Idaho guardian fails to accept the appointment within 30 days of the notice of an Idaho guardianship proceeding. 

 

 

Idaho Guardianship Law: Child Protective Act

 

 

The Child Protective Act is one of the most fundamental aspects of Idaho Guardianship Laws.  This aspect of ID Guardianship law states that the court can end a guardianship if the Idaho guardian fails to provide adequate care. An Idaho guardianship—according to ID guardianship   law—may be terminated if/when the child no longer needs a guardianship or the guardian is no longer able to care for the child. 

 

 

Idaho guardianship law declares that a child no longer needs an Idaho guardian when he/she turns 18 years of age, dies, marries, is adopted or is placed with another guardian or his/her biological parents. ID Guardianship laws are instituted and maintained by the state’s Department of Health and Welfare; this department will act as an interested party to any Guardianship proceedings involving minor children who are subject to the state’s Child Protective Act. In these cases, the Idaho Department of Health and Welfare will serve the court with all necessary documents to uphold Idaho Guardianship laws. 

 

 

Idaho Guardianship Law: How does the State Terminate a Guardianship?

 

 

According to Idaho Guardianship law, the court may end a Guardianship if the Idaho guardian fails to provide adequate care for the child. The Guardianship will also be terminated when the youth no longer needs a guardian or the guardian is no longer to provide the child with suitable care. 

 

 

If the Idaho guardian is not incapacitated, but wants to terminate the Guardianship, he or she—according to Idaho Guardianship laws—must petition the court and permit new guardians to be appointed. During this time, the Idaho Guardianship is still responsible for the minor child. If the Idaho Guardianship only applies to the minor child’s assets, the Idaho Guardianship will end if the child’s assets no longer belong to the youth. 

 

 

 

Quick Guide to Guardianships in MS

 

 

Mississippi Guardianship

 

 

Most laws concerning Mississippi guardianship are located in Chapter 13 of the state’s revised code.  For a complete listing of all Mississippi guardianship laws, visit the searchable code under the state’s judiciary.  

 

 

If you are thinking about becoming certified for Mississippi guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  

 

 

Eligibility Factors for Mississippi Guardianships

 

 

Any U.S. citizen in the state of Mississippi can qualify for MS guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a state citizen for MS guardianship, but a court will consider electing a nonresident if the action meets the best interests of the ward  

 

 

If the Mississippi guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified for the MS guardianship.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given for another MS guardianship.    

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  

 

 

What are Specific Responsibilities within a MS Guardianship?

 

 

Mississippi guardianships require all of the following duties unless the type of MS guardianship is limited or instituted for the estate of the ward: 

 

 

• providing care, comfort, and maintenance for the ward—sometimes including training and education 

 

 

• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property

 

 

• helping the ward receive necessary medical treatment

 

 

• helping the ward to become independent 

 

 

• help the ward receive professional care, counseling, treatment, or any other related service

 

 

The court may also determine that the Mississippi guardianship requires the following responsibilities in some cases: 

 

 

• changing the ward’s residence at request if the next living arrangement assists the ward more than the last living arrangement 

 

 

• arranging for elected surgery or any other medical procedure 

 

 

• consent for withdrawing or withholding life-sustaining procedures

 

 

The Mississippi guardianship may require the above responsibilities permanently if the ward is incapacitated for the rest of their life.  If the court awards temporary Mississippi guardianships, the responsibilities will end, for example, when the child turns 18.  

 

 

How do I file for a Mississippi Guardianships?

 

 

In order to file for Mississippi guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Mississippi guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  

 

 

 

 

Quick Guide to Iowa Guardianships

 

 

Iowa Guardianship

 

 

Most laws concerning Iowa guardianships are located in Iowa Code Chapter 633.557.  For a complete listing of all Iowa guardianship laws, visit the updated searchable code under the Iowa Legislature.  

 

 

The majority of the information about an IA guardianship within this article is found under the Iowa State Association of Counties (ISAC).  For information to expand on this article.

 

 

Eligibility Factors for IA Guardianship

 

 

Any U.S. citizen in the state of Iowa can qualify for an IA guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of Iowa, but a court will consider a nonresident if the circumstances are right.  

 

 

If the Iowa guardianship involves a minor child, immediate preference is given to the parent unless the court appoints another person who is more qualified.  Iowa Codes 633.559 and Iowa Code 633.571 discuss Iowa guardianships involving minor children.  

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Nonprofit regulations are covered in Iowa Code 633.63-64.  

 

 

What Iowa Guardianships are issued by the Court?

 

 

A court will establish an Iowa guardianship in three different ways:  

 

 

Limited Guardianship

 

 

The court will determine if a limited IA guardianship is necessary and appropriate while first establishing the guardianship, making modifications, or terminating the responsibilities all together.  The limited functions of such an Iowa guardianship are covered in Iowa Code 633.635.  

 

 

Stand-by Guardianship

 

 

These Iowa guardianships are rare.  They can only occur in certain circumstances, and a court must establish this type of IA guardianship as well.  

 

 

Temporary Guardianship

 

 

This type of IA guardianship is covered under Iowa Code 633.558 and only lasts for a specific period of time (e.g. When a minor turns 18).  

 

 

What are Specific Responsibilities of a Guardian?

 

 

Iowa guardianships require all of the following duties: 

 

 

• providing care, comfort, and maintenance for the ward—sometimes including training and education 

 

 

• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property

 

 

• helping the ward receive necessary medical treatment

 

 

• helping the ward to become independent 

 

 

• help the ward receive professional care, counseling, treatment, or any other related service

 

 

The court may also determine that the Iowa guardianship requires the following responsibilities in some cases: 

 

 

• changing the ward’s residence at request if the next living arrangement restrict the ward’s liberties more 

 

 

• arranging for elected surgery or any other medical procedure 

 

 

• consent for withdrawing or withholding life-sustaining procedures

 

 

How do I file for an Iowa Guardianship?

 

 

In order to file for Iowa guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianships is in the best interests of the ward.  In order to find contact information and more valuable information about your local county court, call the ISAC at (515) 244-7181.