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What is guardianship, and how does it feature in family law?

| Jun 19, 2015 | Child Custody, Firm News

Although a guardian can be defined in a lot of ways, it is perhaps simplest to view such a person as a protector of another individual and decision maker on his or her behalf.

In the realm of family law and as applicable to family groupings in Arkansas and nationally, guardianships are not especially common. In many families, for example, guardianship concerns never arise, at least not in the context of legal appointments.

They sometimes do, though, of course, given the singular circumstances that can arise in any family necessitating the formal designation of a person to step forward and perform the functions typically associated with guardianship.

Those can be critically important, whether they are exercised on behalf of a “ward” who is a child or, conversely, an elder family member.

As noted in an online overview focusing upon legal guardianships, the role played by a guardian can be truly expansive and defined by decision making across a broad spectrum of considerations and concerns, including things like the following:

  • Being a central go-to point and arbiter on health care matters
  • Procuring necessities for a ward (food, clothing and so forth)
  • Ensuring that educational, social and other important growth-related interests are promoted
  • Managing a ward’s money

A guardianship can be appointed for many reasons. Perhaps parents of a child die in a motor vehicle accident. Alternatively, drug abuse or domestic violence can render a home environment toxic and result in a court order appointing a guardian. Perhaps an aged and incapacitated family member can no longer make independent decisions concerning important matters.

Questions regarding guardianship can be directed to a proven family law attorney with experience in this specialized area.


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