Arkansas Temporary Guardianship Agreement

Q: Does Arkansas have a temporary guardianship agreement a parent can sign for a deployment or hospital stay?

The parent-signed appointment in Ark. Code Ann. 28-65-222 takes effect only on the death of the signing parent, or of both parents if both signed, so it does not cover a deployment or hospital stay. For a living parent who needs someone to act now, see the court options for Arkansas below.

Q: What is the Arkansas parental appointment of temporary guardian?

It is a notarized writing under Ark. Code Ann. 28-65-222, added by Act 701 of 2021, in which a parent appoints one or more persons to act as temporary guardian of the minor child in the event of the parent's death. The word guardian is the statute's own term, and no court is involved in making the writing.

Q: Who signs the Arkansas appointment?

The parent signs a notarized writing that includes the child's name and date of birth and each appointee's name, with the sworn attestation of 2 witnesses that each witnessed the parent sign. Both parents must sign if both are alive. Each appointee consents in a signed, notarized writing.

Q: How long does an Arkansas temporary guardian appointment last?

After the death that triggers the appointment, the guardian has temporary guardianship for no longer than 45 days. A court may extend the initial period for an additional 90 days or terminate it for good cause. The writing must be no more than 5 years old.

Q: Does an Arkansas temporary guardian appointment need a notary and witnesses?

Yes. The parent's writing must be notarized, and it needs the sworn attestation of 2 witnesses that each witnessed the parent sign. Each appointee's consent must also be signed and notarized.

Q: Can an Arkansas parent revoke the appointment?

Yes. A parent may revoke or amend the appointment at any time before death.

Q: Who can serve as a temporary guardian under the Arkansas statute?

The parent may appoint one or more persons, and the court may find an appointee unfit. Co-guardians are allowed only if the two appointees are married to each other.

Q: Is there an official Arkansas form for a temporary guardian appointment?

The Arkansas Judiciary court forms page lists guardianship forms for court proceedings. Whatever format is used, the notarized writing under section 28-65-222 must include the child's name and date of birth, each appointee's name and the sworn attestation of 2 witnesses.

Q: What court options does Arkansas have for temporary or standby guardianship of a minor?

Under Ark. Code Ann. 28-65-218, a court may appoint an emergency or temporary guardian on finding imminent danger to the child's life or health. Under 28-65-221, a chronically ill or near-death parent may have a standby guardian appointed by the court. A court guardianship over a parent's objection is a contested case.

Arkansas's parent-signed appointment under 28-65-222 takes effect only on that parent's death.

Find out where you stand in Arkansas

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Introduction

Under Ark. Code 28-65-222, a parent signs a notarized writing sworn to by 2 witnesses who saw the parent sign. On that parent's death, or both parents' if both signed, the appointee has temporary guardianship for up to 45 days; a court may add 90 days.

Key Things to Know

1
The Arkansas instrument this page covers is the Parental appointment of temporary guardian under Ark. Code Ann. 28-65-222. The parent signs a notarized writing and each appointee signs a notarized consent. It takes effect only on the death of the signing parent, or of both parents if both signed, so it does not cover a temporary absence.
2
The appointment is triggered by death, not by a deployment or hospital stay: the signing parent's death if the other parent is deceased, or the death of both parents if both signed. It gives temporary guardianship for no longer than 45 days, which a court may extend for an additional 90 days or terminate for good cause. The writing must be no more than 5 years old.
3
The parent's writing must be notarized and must include the child's name and date of birth and each appointee's name, with the sworn attestation of 2 witnesses that each witnessed the parent sign. Both parents must sign if both are alive. Co-guardians are allowed only if the two appointees are married to each other.
4
Section 28-65-222 lists no school or medical powers and no protection for schools or providers who rely on the writing. Its effect is a nomination: a willing appointee follows the guardianship procedures of chapter 65 to ask the court to appoint them guardian, and the court must honor the parent's choice unless the appointee is found unfit.
5
A parent may revoke or amend the appointment at any time before death. The parent names the appointee or appointees, and the court may find an appointee unfit. The writing does not supersede a court order on child custody that exists at the time of the death.
6
This is not a court guardianship made by a court, and the word guardian is the statute's own term. While the parent is alive, the writing does not change custody or the parent's rights. This page does not promise that any school, doctor or agency must accept it.
7
If this document does not fit your situation, or a longer or court-backed arrangement is needed, look at the court route. Under Section 28-65-218, a court may appoint an emergency or temporary guardian on finding imminent danger to the child's life or health. Section 28-65-221 lets a chronically ill or near-death parent have a standby guardian appointed by the court. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Arkansas child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Key decisions before you file

Before you file a Temporary Guardianship Agreement in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.

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PARENTAL APPOINTMENT OF TEMPORARY GUARDIAN (Arkansas, Ark. Code Ann. 28-65-222)

This writing takes effect only on the death of the appointing parent, or, if both parents sign, only on the death of both. It is made without a court. It does not change custody or the parent's rights while the parent is alive.

APPOINTING PARENT I, [APPOINTING PARENT FULL NAME], of [ADDRESS], am a parent of the minor child named below.
CHILD [CHILD FULL NAME], born [CHILD DATE OF BIRTH].
APPOINTED TEMPORARY GUARDIAN I appoint [APPOINTEE FULL NAME], of [APPOINTEE ADDRESS], as temporary guardian of my minor child. [IF APPLICABLE: SECOND APPOINTEE WHO IS MARRIED TO THE FIRST APPOINTEE: I also appoint SECOND APPOINTEE FULL NAME, of SECOND APPOINTEE ADDRESS, as co-guardian.]
WHEN THIS TAKES EFFECT AND HOW LONG IT LASTS This appointment is effective on my death, if the other parent of the child is deceased, or on the death of both appointing parents. The temporary guardian shall have temporary guardianship of the child for no longer than 45 days. A court may extend that period for an additional 90 days or terminate it for good cause.
COURT ORDERS This writing does not supersede a court order concerning child custody that exists at the time of my death.
REVOCATION I may revoke or amend this appointment at any time before my death.
OTHER PARENT [IF APPLICABLE: THE OTHER PARENT IS ALIVE: The other parent, OTHER PARENT FULL NAME, also signs below.]

SIGNATURES

Appointing parent: ______________________ Date: [DATE] [PRINTED NAME]

[IF APPLICABLE: THE OTHER PARENT IS ALIVE: Other parent: ______________________ Date: [DATE] [PRINTED NAME]]

SWORN ATTESTATION OF TWO WITNESSES We swear that each of us witnessed the appointing parent sign this writing.

Witness 1: ______________________ [PRINTED NAME] Date: [DATE] Witness 2: ______________________ [PRINTED NAME] Date: [DATE]

NOTARY ACKNOWLEDGMENT State of [STATE], County of [COUNTY]. Signed and sworn before me on [DATE] by the persons named above. Notary Public: ______________________ My commission expires: [DATE]

CONSENT OF APPOINTED TEMPORARY GUARDIAN I consent to this appointment.

Appointee: ______________________ [PRINTED NAME] Date: [DATE] [IF APPLICABLE: SECOND APPOINTEE: ______________________ [PRINTED NAME] Date: [DATE]]

NOTARY ACKNOWLEDGMENT OF CONSENT State of [STATE], County of [COUNTY]. Signed before me on [DATE] by each appointee named above. Notary Public: ______________________ My commission expires: [DATE]

Arkansas Requirements for Temporary Guardianship Agreement

Death-Triggered Parental Appointment
A parent may appoint one or more persons to act as temporary guardian of the minor child in the event of the parent's death (Ark. Code Ann. 28-65-222(a)(1)).
45-Day Term and 90-Day Extension
The guardian has temporary guardianship for no longer than 45 days. A court may extend the initial period for an additional 90 days (Ark. Code Ann. 28-65-222(a)(1)(B), (b)(2)).
Notarized Parent Writing
The parent's writing must be notarized and include the child's name and date of birth and each appointee's name (Ark. Code Ann. 28-65-222(a)(1)(A)).
Two Witness Attestation
The writing includes the sworn attestation of 2 witnesses that each witnessed the parent sign (Ark. Code Ann. 28-65-222(a)(1)(A)(iii)).
Both Parents Sign
Both parents must sign the notarized writing if both are alive. Co-guardians are allowed only if the two appointees are married to each other (Ark. Code Ann. 28-65-222(a)(2), (a)(3)).
Appointee Consent
Each appointed guardian consents in a signed and notarized writing (Ark. Code Ann. 28-65-222(a)(1)(C)).
Revocation Before Death
A parent may revoke or amend the appointment at any time before death (Ark. Code Ann. 28-65-222(a)(4)).
Court Orders and Five-Year Limit
The writing must be no more than 5 years old and does not supersede a court order concerning child custody that exists at the time of the death (Ark. Code Ann. 28-65-222(a)(1), (e)).
Court Temporary Guardianship
Under Section 28-65-218, a court may appoint an emergency or temporary guardian on finding imminent danger to the child's life or health, separate from the parent's appointment (Ark. Code Ann. 28-65-218, 28-65-222(a)(1)).

Frequently Asked Questions

Does Arkansas have a temporary guardianship agreement a parent can sign for a deployment or hospital stay?

What is the Arkansas parental appointment of temporary guardian?

Who signs the Arkansas appointment?

How long does an Arkansas temporary guardian appointment last?

Does an Arkansas temporary guardian appointment need a notary and witnesses?

Can an Arkansas parent revoke the appointment?

Who can serve as a temporary guardian under the Arkansas statute?

Does the Arkansas appointment give school or medical powers?

Is there an official Arkansas form for a temporary guardian appointment?

What court options does Arkansas have for temporary or standby guardianship of a minor?

Find out where you stand in Arkansas

Introduction

Key Things to Know

Key decisions before you file

Customize your Temporary Guardianship Agreement Template with DocDraft

Arkansas Requirements for Temporary Guardianship Agreement

Death-Triggered Parental Appointment

45-Day Term and 90-Day Extension

Notarized Parent Writing

Two Witness Attestation

Both Parents Sign

Appointee Consent

Revocation Before Death

Court Orders and Five-Year Limit

Court Temporary Guardianship

Frequently Asked Questions