Becoming a guardian for a child or an adult is different from adoption. Guardianship is usually temporary, and it does not end the parental rights of the biological parents. There are many cases in which guardianship is the best option, rather than adoption. This includes situations in which a child’s parents are temporarily unable to care for the child or the case of an older child who doesn’t want a new family but does need care. There are also times when an adult is not able to care for him or herself and needs a guardian. In all these cases, what are the guardianship requirements that determine whether someone can legally ate on the position of guardian?
Legal guardianship requirements
Arkansas has very specific rules for guardians. In order to become a guardian, an individual must be
- a resident of the state of Arkansas
- eighteen years or older
- of sound mind
- not a convicted and unpardoned felon
Exceptions
A felon can become a guardian if the child is in the custody of the Department of Human Services, and they have been approved as a foster parent or an adoptive parent.
A person under the age of 18 can become a guardian of his or her own child if the Department of Human Services agrees.
An organization can also serve as a guardian. For example, a bank can be the guardian of a child’s estate. A nonprofit organization can also be named guardian of a child in the custody of Human Services, the child’s parents cannot care for him or her, and there is no other suitable person to act as guardian.
In every case, the court must agree that the individual is suitable to be a guardian.
Professional conflicts
Some jobs disqualify a person from serving as a guardian. For example, a sheriff, a deputy sheriff, a probate clerk of a circuit court, or a deputy probate clerk may not be a guardian. The same is true of a circuit judge.
Of course, there are exceptions in these cases, too. Any of these individuals can serve as a garden for a relative. In that case, the law says that the person must be “within the third degree of consanguinity and the court determines that any potential conflict of interest is unsubstantial and that the appointment is in the best interest of the ward.
“Degree of consanguinity” is a fancy term for how closely related people are. The first degree is a parent-child relationship and the second degree is a sibling relationship. Aunts and uncles are in the third degree of consanguinity. The fourth degree refers to cousins. So a circuit judge could serve as guardian for her nephew but not for her cousin.
Regardless of relationship, guardianship would only be allowed if the court agrees that there is no conflict of interest.
While these rules are specific, with a lot more detail than the overview we’ve given here, they can be complicated to navigate. If you are considering guardianship, Heimer Law can answer your questions and make the process as smooth as possible. Fill out our simple inquiry form to get started.
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