a. The Arkansas guardianship over a minor child power of attorney can be used by the parents of minor children to select a family member or close friend to act as the guardian. Contested Guardianships Attorney in Corpus Christi. By: … The only statutory ground for a minor guardianship is that the individual is, indeed, a minor. Guardianship of An Incapacitated Adult Each of these general issues is outlined below. II. However, a guardianship can only be terminated by court order. A contested guardianship refers to a situation in which the guardian status of a person is challenged, or called into question. If your application is contested, there will be at least one additional hearing before a ruling can be made to grant guardianship. 2005)). Guardianship of a minor is usually guardianship over both the person and their estate. Property Law, Products Welcome, this is an easy to use interactive form that will produce all the documents needed to request an uncontested petition for Guardianship of a Minor.Click the link below when you are ready to begin. Did Hiring an Experienced Attorney. In order to change guardianship back to a parent, the parent would need to petition the Probate Court to terminate the guardianship. The forms included address issues of accountings, minor's health care, permissions, and releases. Parents of a minor under guardianship can seek termination of the guardianship if they want the child to live with them again. There are two general areas in which you can contest a petition for guardianship … Most probate courts require that a hearing be held and attended by the potential guardian, as well as the ward. 1977). In sum, although the next of kin of a minor is entitled to be appointed guardian unless such appointment is clearly contrary to the minor’s person or estate, the appointment of a guardian of an adult incapacitated person is based upon the best interests and welfare of the incapacitated person, rather than a kinship-hierarchy preference. LegalMatch Call You Recently? As previously mentioned, the most common legal dispute regarding guardianship is the basic question of who should serve as the ward’s legal guardian. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. Where guardianship of a minor is involved, it is best to be represented by an experienced estate planning and probate attorney. at 176. at 177-78. Login. Can't find your category? (quoting In re Conroy, 98 N.J. 321 (1985)). Following the filing of a guardianship action, the court will appoint counsel for the alleged incapacitated person, who must personally interview the alleged incapacitated person, inquire into the alleged incapacitated person’s circumstances, and file a report with the court making recommendations concerning incapacity and other issues. When challenging or contesting a guardianship arrangement, the lawsuit could involve multiple parties challenging the previous court order appointing the guardian. 3 However, minor guardianships have constitutional overtones, as discussed in Barstad v. Guardianship of Minor Children. An interested potential guardian may push for terminating an existing guardianship as another way to contest the guardianship. The second issue, regarding who is the more appropriate person to be appointed guardian, is determined based upon the court’s parens patriae jurisdiction, by which a court “may intervene in the management and administration of an incompetent’s estate in a given case for the benefit of the incompetent or of his estate.” In re Trott, 118 N.J. Super. Letters of guardianship shall be granted to the spouse or domestic partner …  or to the incapacitated person’s heirs, or friends, or thereafter first consideration shall be given to the Office of the Public Guardian for Elderly Adults in the case of adults within the statutory mandate of the office, or if none of them will accept the letters or it is proven to the court that no appointment from among them will be to the best interest of the incapacitated person or the estate, then to any other proper person as will accept the same…. An example of this would be an elderly person needing a guardian, and both of their two children apply to be appointed their parent’s legal guardian. The court may then order the alleged incapacitated person to submit to an examination. Once you become the legal guardian of a child, you remain the child's guardian until he turns 18 or until the court changes the order. The court-appointed counsel for an alleged incapacitated person has a duty to act as “a zealous advocate for the wishes of the client.”  In re M.R., 135 N.J. 155, 174 (1994) (citation omitted). The M.R. A person known as a legal guardian is legally allowed to make personal, medical, and financial decisions on behalf of another person, known as a ward. A guardianship may no longer be needed for a number of reasons. There are two types of guardianships, guardianship of the person and guardianship of the estate. 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