There can be a multitude of reasons to start a guardianship for a person whether they are under 18 or an adult. Although the process can be relatively simple, there are pitfalls.
The need for a guardianship may arise where the person, typically a parent or both parents, who would naturally love, care, and provide for a child, is disabled for any reason and unable to continue caring for the child. Typically a close family member or friend would step up and take on the responsibility. That person may need to get a court order called a guardianship which allows them to assume all the responsibilities of a parent.
The parent(s) may readily agree to this process and sign a consent. For instance, parents may have a drug dependency issue, become homeless, or otherwise find themselves unable to adequately care for their child. In the past, if the guardian did not agree to end the guardianship, the parent would be required return to court and prove there was no longer a need for the guardianship seeking to have the child returned.
Now; however, a return to court may not always be necessary. The Arkansas Supreme Court adopted a new view of the termination of a guardianship when a “fit” parent who consented to a guardianship later moves to terminate the guardianship. Donley v. Donley, (Ark. 2016). If you are the guardian of a person and no determination of fitness has been made in your case, a legal review with your attorney may be necessary.
