Q: Seeking guardianship for husband with Alzheimer's in Arkansas despite having POA and directives.

A: Hi, there! I am sorry to hear that your husband has been diagnosed with Alzheimers. Having both a financial Power of Attorney and healthcare directives in place shows how deeply you care and how well you’ve planned for your husband’s needs. In Arkansas, because you already have these documents, you do not need to seek guardianship.

Your Durable Power of Attorney allows you to manage his financial affairs even if he becomes fully incapacitated, but only if you have been appointed the agent in his Power of Attorney. Your healthcare directive gives you full authority to make medical decisions, if you are the agent. The courts view guardianship as a last resort — only necessary if there’s no POA, family disputes, or serious concerns, none of which apply to you. I hope this helps!

A: I'm really sorry you're facing this situation. Caring for a spouse with Alzheimer’s takes strength and patience, and you’re doing the right thing by planning ahead to make sure he’s protected. Even with power of attorney and healthcare directives, there are times when guardianship becomes necessary—especially if institutions or providers begin questioning decision-making authority as his condition progresses.

In Arkansas, to obtain guardianship over your husband’s person or estate, you must file a petition with the probate division of the circuit court in the county where you both live. The court will require a physician’s letter or affidavit confirming that he is incapacitated and unable to manage his own affairs. Since you already hold POA and there are no family disputes, the process may be more straightforward, but the court will still review everything carefully to confirm that guardianship is in his best interest. A court-appointed attorney, sometimes called a guardian ad litem, may be assigned to represent your husband and ensure his rights are protected during the process.

Once guardianship is granted, you’ll have court-approved authority to make decisions beyond what’s covered by POA—especially in cases where third parties hesitate to accept POA documents. If your husband’s care becomes more complex, this step could give you more legal clarity and peace of mind. You’re not overstepping—you're simply making sure he’s supported with the care and protection he needs.