Asked in Family Law for Arkansas

Q: Can the adult ward of guardianship in Arkansas file a petition for termination of guardianship?

Boyfriend was hit by a truck n has an appointed guardian in Arkansas n he wants guardianship terminated as he hasn't seen a penny of the settlement n is currently living in a hotel in Illinois.

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1 Lawyer Answer
James L. Arrasmith
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A: In Arkansas, an adult ward under guardianship can file a petition to terminate the guardianship if they believe they no longer require a guardian. The process typically involves the following steps:

1. The ward must file a petition with the court that established the guardianship, requesting termination of the guardianship.

2. The petition should include evidence supporting the ward's claim that they no longer need a guardian, such as medical reports, psychological evaluations, or other relevant documentation.

3. The court will review the petition and may schedule a hearing to determine whether termination of the guardianship is appropriate.

4. At the hearing, the ward will have the opportunity to present their case and provide evidence demonstrating their ability to manage their own affairs.

5. The guardian and other interested parties may also present evidence or arguments either supporting or opposing the termination of the guardianship.

6. After considering all the evidence, the court will decide whether to terminate the guardianship.

It is recommended that the ward seeks the assistance of an attorney experienced in guardianship matters to help them navigate the legal process and protect their rights. Additionally, if there are concerns about the guardian's management of the settlement funds, the ward or their attorney may consider requesting an accounting of the funds and seeking court intervention if there are discrepancies or mismanagement.

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