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Committee approves temporary‑guardianship bill to give parents’ nominees immediate short‑term authority
Summary
Senator Ballinger’s emergency‑guardianship bill won committee approval. The measure creates a 90‑day temporary guardianship effective on parents’ deaths if the parents provided a notarized sworn statement naming a proposed guardian, intended to ensure continuity of care while courts consider permanent guardianship.
The Senate Judiciary Committee approved legislation to create a short-term, emergency guardianship mechanism that becomes effective upon the death of a child’s parent(s) when the parents have executed a signed and notarized nomination.
Senator Ballinger said the bill fills a practical gap when both parents die and children need immediate caregivers to make medical and school decisions while courts process permanent guardianship petitions. "It'll give my children 90 days to transition... until such time that my friends could petition a Pulaski County court to name them permanent guardians," testified Sylvester Smith, who described planning for parental contingencies.
Members raised safeguards to protect children from unfit nominees and confirmed that temporary guardianships could be challenged in court; the bill requires subsequent petitioning for permanent guardianship and preserves court authority to overturn a temporary appointment if a nominee is unfit.
The committee moved to immediate consideration and approved the bill on roll-call; the chair announced passage to the next stage.
