Navigating guardianship matters can be daunting for both guardians and wards. In Arkansas, the law provides specific rights to individuals placed under guardianship—often referred to as wards. At Reeves Law Firm, we believe it's crucial for wards and their families to understand these rights to ensure dignity and protection throughout the guardianship process.
1. Right to Personal Dignity
Wards have the fundamental right to be treated with respect and dignity. Guardians are required to promote the ward's welfare and to make decisions that honor their preferences whenever possible.
Statute: Ark. Code Ann. § 28-65-201
2. Right to Notice
Wards must be provided with timely notice regarding any guardianship proceedings that may affect their status. This includes notices for court hearings and any proposed changes to their guardianship arrangement.
Statute: Ark. Code Ann. § 28-65-204
3. Right to Participate in Hearings
Wards have the right to be present and actively participate in court hearings concerning their guardianship. This ensures their voices are heard and considered in decisions about their lives.
Statute: Ark. Code Ann. § 28-65-202
4. Right to Privacy
Wards are entitled to privacy concerning their personal affairs, including medical information and living arrangements. Guardians must respect this privacy in all aspects of decision-making.
Statute: Ark. Code Ann. § 28-65-203
5. Right to Make Personal Decisions
Wards retain the right to make personal decisions about their lives, including choices regarding healthcare and daily activities, to the extent that they are able. Guardians should support these decisions while ensuring safety and well-being.
Statute: Ark. Code Ann. § 28-65-101
6. Right to Appeal
Wards have the right to appeal any court decisions regarding their guardianship. This provides a critical check on the powers of the guardian and ensures that the ward's interests are safeguarded.
Statute: Ark. Code Ann. § 28-65-205
7. Right to Access to Advocacy
Wards have the right to appoint an attorney to represent their interests, especially in disputes regarding their guardianship or personal rights.
Statute: Arkansas Code Annotated § 28-65-207(b)
8. Right to Due Process
Wards are entitled to due process, meaning they must receive proper notice and an opportunity to be heard in any legal proceedings that affect their rights. This ensures that no one can be deprived of their personal rights without a fair legal process.
Statute: Arkansas Code Annotated § 28-65-207
9.) Emergency Guardianship
An emergency guardianship may be appointed when a court finds that the individual is incapacitated, and that immediate action is necessary to prevent substantial harm. A petition must be filed in the appropriate court, detailing the need for guardianship and the circumstances that warrant immediate action.
Statute: Arkansas Code Annotated § 28-65-218
Understanding the rights of a ward in guardianship matters is essential to ensure that their dignity and autonomy are upheld. Legal practitioners must advocate for these rights, ensuring that guardianship serves its protective purpose while also safeguarding the personal freedoms of the ward. By being aware of these rights, families can make informed decisions and seek the necessary legal guidance to navigate guardianship matters effectively. If you have questions about guardianship, rights as a ward, or need legal assistance, please contact us.
Q: Can a ward choose their guardian?
A: While the court considers the preferences of the ward, the ultimate decision lies with the judge. However, if the ward is capable, their wishes are often given significant weight.
Q: What if I believe my rights as a ward are being violated?
A: You have the right to challenge the guardianship in court. Consulting an attorney who specializes in guardianship matters can help you understand your options.
Q: Can a ward make decisions about their healthcare?
A: Wards retain the right to participate in decisions about their healthcare to the extent that they can understand the implications of their choices.
Q: What happens if a ward disagrees with their guardian?
A: Wards have the right to express disagreement. If a serious conflict arises, the ward may seek legal counsel to address the issue in court.
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
Give us a call in Heber Springs, Arkansas, at (501) 302-8383
Give us a call in Melbourne, Arkansas, at (870) 291-9374
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