• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Sexton, Bailey Attorneys, PA

SEXTON BAILEY ATTORNEYS, PA an Arkansas Estate Planning & Trust Information Center

Sexton, Bailey Attorneys, PA

Northwest Arkansas Estate Planning Attorneys (479) 443-0062

Click Here to vote for us for the Best of NWA!

Client Vault
  • Home
  • Our Firm
    • Our Firm
    • About the American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • News & Events
    • Our Reviews
    • Speaker Connection
  • services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • Legacy Planning
    • Pet Planning
    • Secure Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Webinars
  • Practice Areas
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning
      • Medicaid Planning
      • Pet Planning
      • Trust Administration & Probate
    • Newsletters
    • Pre Consultation Form
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
  • Blog
Home / Elder Law / What is a Guardian and Guardianship?

What is a Guardian and Guardianship?

January 14, 2011 by Deb Sexton Leave a Comment

A guardian is a person who is appointed by a court to control and take care of interests of a person who cannot handle their own affairs. There are two types of guardians

  • Guardian of the person – the guardian controls and takes care of the ward’s personal interests. They can make decisions about where there person lives, medical care, and schooling
  • Guardian of the property – has control of the ward’s finances.

It is possible for one person to have both roles, as guardian of the person and the property but it is not required.

Courts appoint guardians of incapacitated adults and minor children. Parents who have small children can appoint someone the guardian of their children who would act in the child’s best interest if they die prematurely. Appointing a guardian of young children is an essential component of any good estate planning.

Courts appoint guardians of incapacitated adults when a petition is filed by a person of interest (usually a family member) that the ward is in danger because they are physically incapacitated or mentally incapacitated and in danger of being taken advantage of by unscrupulous persons. This situation often happens in the case of elderly persons who have developed Alzheimer’s or some other debilitating disease.

A person who is appointed guardian of a ward is under the continued supervision of the court. The guardian of the person must make at least annual reports of how the ward’s money is being managed and maintained. The guardian must seek permission from the court to make major expenditures on behalf of the ward. The guardian is also compensated for their services. Any expenses they incur on behalf of the ward should be deducted from the assets being held for the ward.

  • Author
  • Recent Posts
Deb Sexton
Latest posts by Deb Sexton (see all)
  • Estate Planning is Essential Whether You Are Married or Not - April 25, 2018
  • Income Tax Basis in Estate Planning – Part 2 - April 23, 2018
  • The Downsizing Generation: How to Handle a Surplus of Stuff When a Loved One Ages - April 18, 2018

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Sexton, Bailey Attorneys, PA

Is Your Plan Outdated?

Subscribe to Our Blog

Office Address

Fayetteville
2766 Millenium Drive
Fayetteville, AR 72703
Phone: (479) 443-0062

Office Address

Prairie Grove
1100 Division Street, Suite 4
Prairie Grove, AR 72753
Phone: (479) 846-6026

( By Appointment Only )

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM

Map

map for office
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

footer-logo

© 2022 American Academy of Estate Planning Attorneys, Inc.