Little Rock, AR asked in Family Law for Arkansas

Q: My son recently turned 18 and he's Autistic. How do I apply for guardianship or power of attorney?

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1 Lawyer Answer
Dustin A. Duke
Dustin A. Duke
  • North Little Rock, AR
  • Licensed in Arkansas

A: If your son is autistic, you will likely need a guardianship (as opposed to a power of attorney). A guardianship is a court order giving someone authority to make decisions for someone else. It can be over someone's person, estate, or both. It is like having custody over a child, but can apply to disabled/impaired adults. A power of attorney does not require a judge to issue an order. However, a power of attorney can only be granted by someone who is competent. Your autistic child may not have the competency required to give you a power of attorney. In order to get a guardianship, you would need to file a petition with the court in the county that your son lives. You would also need a doctor's evaluation of your son, which will be submitted to the court. If you would like to discuss further or need assistance with a guardianship, feel free to contact me at (501) 960-6060. Best of luck.

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