A guardianship may be desired when someone that you know cannot take care of themselves whether it is a child or a person with a disability that makes them incapable of caring for themselves. A child may need a minor guardianship when their parent(s) or guardian may not be capable of taking care of them due to some circumstance. In this case, another person may be in a better position to care for the child(ren).

This does not automatically make it necessary for guardianship, however. For example, if this is going to be a temporary situation and the parents can provide the child’s birth and medical records and are able to give permission for medical treatment, then guardianship is typically not needed. However, if the child will need someone who can provide them with benefits and medical care, then it might be necessary. It may also be necessary if the parents are not voluntarily allowing another person to care for the child during a time that they themselves are not fit to do so.

Minor guardianships can be contested or uncontested.
If it is contested, then there is a burden of proof on the person seeking the guardianship to prove that the guardianship is in the child’s best interest and that the parents or current guardian are not fit to have custody.

If guardianship is uncontested, then the parent or guardian will agree to allow guardianship to be established. The reason a parent might allow guardianship is because they agree that the child needs a guardian, and they can avoid being ruled unfit by a judge. If the parent consents and is not ruled unfit, then they are able to request that the guardianship be terminated and the court will presume that it is in the child’s best interests to do so. The proposed guardian would then have the burden to prove that guardianship is still needed.

If you believe circumstances have arisen that make a minor guardianship necessary, please call our helpline or an attorney of your choice. 

AUTHOR: YIESHA JONES, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES