In re Guardianship of A.M. (Majority)
Annotate this CaseAppellant Brittany Mahavier appealed orders of the circuit court granting a permanent guardianship of her son to her mother, Appellee Teresa Mahavier, and declaring the Arkansas Statutes on guardianships to be unconstitutional. Appellant stipulated below that there was sufficient evidence to establish a need for the guardianship but did not agree to the guardianship so she could maintain her constitutional challenges based on equal protection and substantive due process. The Supreme Court did not address the merits of the constitutional arguments because the Attorney General was not notified of the constitutional challenges to the guardianship statutes, as required by Ark. Code Ann. 16-111-106(b), and there was not full and complete adversarial development of the constitutional issues. Accordingly, the Court reversed and remanded for compliance with the notice requirement of section 16-111-106(b).
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