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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.