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farrar and williams attorneys in hot springs arkansas specializing in elder law and estate planning
GUARDIANSHIPS

Family Lawyer in Hot Springs

 A guardianship is a court proceeding in which a person is declared incompetent by the court and a Guardian is appointed to manage the person’s personal and financial affairs. A Guardianship is a public court proceeding and may be avoided, in most cases, by having a Power of Attorney executed as part of your estate plan.


When a minor child or adult becomes incapable of caring for themselves personally or financially, another person can step in as their guardian. A guardian takes control of the child or adult's finances, day-to-day care, and other caregiving responsibilities.

family attorneys in hot springs

Parents typically assign guardianship of a child when creating an estate plan with a Hot Springs family lawyer or guardianship lawyer. In the event of both parent's death, children would go to live with the person(s) identified as the guardian in the parent's last will and testament. 


Couples typically perform estate planning together with hot springs family attorneys, so they select a guardian for their children by creating a guardianship agreement. However, when couples divorce, selecting a guardian tends to fall by the wayside.


In a worst-case scenario where both parents die before selecting a guardian, while still married, or before or after a divorce, multiple family members may petition the court for guardianship of a child.

guardianship of a child

To avoid putting families and children through the emotional trauma of family members fighting for guardianship, Farrar & Williams, PLLC, family attorneys in Hot Springs, recommends that clients, both married and divorced, create a guardianship agreement with a family lawyer in Hot Springs that appoints a specific person(s) to provide care to children in the event of the death of both parents. 


With help from a Hot Springs family lawyer to select a guardian, parents not only provide their children with a person who can provide daily care and oversee any finances, but through power of attorney, the guardianship is immediate with no court proceeding required.

Proper estate planning with a family lawyer in Hot Springs or a guardianship lawyer includes selecting a guardian. The family attorneys in Hot Springs at Farrar & Williams, PLLC can help clients through each step of the estate planning process. 


Even if clients have gone through a divorce or are planning to divorce, hot springs family attorneys or a guardianship attorney can work with both parties to create a guardianship agreement that ensures the care and safety of minor children or incapacitated adults.


Contact Farrar & Williams, PLLC today to set up an appointment to discuss estate planning and guardianship agreements with an experienced estate planning and guardianship attorney.

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