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Under what conditions is guardianship terminated?

Children, especially if they are disabled, need constant love and care. Most children receive that love and care from their parents. However, there are many children in Arkansas, and in the rest of the United States, who have lost their parents for a variety of reasons. In such cases, the children are often cared for by guardians. In Arkansas, those guardians can either be designated by the parents prior to their deaths or by the family court after taking into consideration the best interest of the child.

It is the guardian’s responsibility to take care of the children as long as the children are minors. In fact, periodically, those guardians may be required to submit a report to the court regarding the child’s well-being. The court orders such reports to ensure that the child’s interests are protected at all times. Eventually, when certain conditions are met, the guardianship arrangement will come to an end. Basically, there are four ways in which the termination of guardianship can happen.

First, a guardianship terminates if the child dies or if the child gets married, provided that the only basis on that guardianship arrangement was the child’s minor age. Second, the guardianship terminates when a child reaches adulthood unless the court determines that continuing the guardianship is in that child’s best interest. Third, a guardianship terminates if a child moves from Arkansas to another state. Finally, a guardianship terminates if the court determines that it is no longer in the child’s best interest.

Having said that, it is important to remember that guardianship is a huge responsibility and; therefore, it is important for all guardians to understand every aspect of guardianship thoroughly. However, that may not be an easy task for many people because they are not familiar with family laws in Arkansas. Therefore, they may be in a better position to make an informed decision if they choose to consult a family law attorney who has experience in guardianship actions.

Source: Arkansas Legislature, “Guardianship Checklist,” Accessed on July 30, 2015

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