In Arkansas, the Court appointed guardian of a person or an estate can do many things to facilitate the well-being of the incapacitated person. However, the following is a description of certain actions that require the Court’s approval before the guardian can take said action.
1. Voting
In Arkansas, the right to vote is fundamental; however, it is impacted by guardianship. According to A.C.A. § 7-5-201, a ward under guardianship may lose the right to vote if the court determines that the individual is unable to understand the voting process. Therefore, it is essential for guardians to seek court approval before acting on behalf of a ward in voting matters.
2. Driving
Driving privileges can also be affected under guardianship. Per A.C.A. § 27-16-601, an individual deemed incapable of safely operating a vehicle may be restricted from driving. Guardians must petition the court for approval to assess the ward's ability to drive and must comply with the court's decision regarding their driving rights.
3. Sterilization
Sterilization procedures require stringent oversight in Arkansas. Under A.C.A. § 20-9-1001, no sterilization procedure can be performed on a ward without prior court approval. The court must find that the sterilization is in the best interest of the ward and that proper consent processes have been followed.
4. Medical Treatment
Guardians often have the authority to make medical decisions on behalf of their wards. However, certain invasive procedures, as outlined in A.C.A. § 20-17-203, require court approval. This includes any non-emergency medical treatments that could significantly affect the ward’s health or wellbeing.
5. Financial Transactions
Significant financial decisions and transactions also require court oversight. As stated in A.C.A. § 28-65-202, guardians must seek court approval for any sale of real estate or for any transaction that may significantly impact the ward's estate.
6. Buying/Selling Property
A guardian may not sell, exchange, or lease property belonging to a ward to themselves, their spouse, or their relatives without first obtaining an order from the court per A.C.A § 28-65-314. This requirement is designed to prevent self-dealing and protect the ward's interests. Transactions that appear to benefit the guardian at the expense of the ward will be scrutinized and are unlikely to be approved by the court.
Guardianship involves critical decisions that impact the rights and wellbeing of the ward. It is vital for guardians to understand which actions require court approval to ensure compliance with Arkansas law and to protect the rights of those under their care. For specific guidance or legal assistance, it is advisable to consult with an attorney experienced in guardianship matters.
Located in Batesville, Melbourne, and Heber Springs, Arkansas, and serving all of Arkansas, Reeves Law Firm stands ready to handle any civil, estate, family law, guardianship, personal injury, probate, or any other litigation matters that may arise.
Reeves Law Firm primarily serves Independence County (Batesville), Jackson County (Newport), Sharp County (Ash Flat, Highland, Cherokee Village), Lawrence County (Walnut Ridge), Cleburne County (Heber Springs, Greers Ferry, Fairfield Bay), Izard County (Melbourne), Stone County (Mountain View), White County (Searcy), and Baxter County (Mountain Home).
Give us a call in Batesville, Arkansas, at (870) 793-0021
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