Adult Guardianship in Arkansas
Reviewed by DocDraft Legal Team - Arkansas - Last updated October 9, 2026
In Arkansas the circuit court, probate division, has exclusive jurisdiction over guardianship (Ark. Code Ann. 28-65-107(a)). The court appoints a guardian of the person, of the estate, or both, general or limited, for an adult the statute calls an "incapacitated person"; Chapter 65 has no separate adult "conservator" office. The burden of proving incapacity is on the petitioner by clear and convincing evidence (28-65-213(b)). A professional evaluation must be performed before the hearing, except for appointments because of minority, disappearance, or detention or confinement by a foreign power, or under 28-65-218, and one done within the last six months may be used. The person must be given at least twenty days' notice, which the court can never shorten below twenty, and the person cannot waive notice.
Find out where you stand in Arkansas
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Arkansas?
The court must find an "incapacitated person": someone impaired by a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet essential requirements for health or safety or to manage the estate. The petitioner must prove it by clear and convincing evidence.
Which court and which form start an adult guardianship in Arkansas?
The circuit court, probate division, has exclusive jurisdiction over guardianship, subject to the right of appeal. The Arkansas Supreme Court's official probate forms include Form 24, Petition for Appointment of Guardian of the Person and Estate, which is modified if the guardianship is only of one or the other. Ask the circuit clerk, because the court's requirements control.
Does Arkansas require a doctor's report or evaluation for a guardianship?
Yes, with exceptions. A professional evaluation must be performed before the hearing on a guardianship petition, except for appointments because of minority, disappearance, or detention or confinement by a foreign power, or under the emergency provision. Professional evaluations done within the last six months may be used; if none is available, the court orders an independent evaluation.
What rights does the person have in an Arkansas guardianship case?
The person must be personally served if personal service can be had, with the Ward's Bill of Rights, and cannot waive notice. At least twenty days' notice is required in every case. The person may be represented by counsel at the hearing, be present, present evidence, cross-examine, and subpoena the evaluating professionals.
Arkansas's incapacitated person standard, pre-hearing evaluation, and twenty-day notice
Arkansas uses its own vocabulary under Ark. Code Ann. Title 28, Chapter 65. The adult is the "incapacitated person" (also the ward, proposed ward or respondent), and the circuit court, probate division, appoints a guardian of the person, of the estate, or both, general or limited; the chapter has no separate adult "conservator" and the same chapter also covers minors. An incapacitated person is someone impaired by a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for health or safety or to manage the estate, and the burden of proof by clear and convincing evidence is on the petitioner (28-65-101(5)(A); 28-65-213(b)). A professional evaluation must be performed before the hearing, except for appointments because of minority, disappearance, or detention or confinement by a foreign power, or under 28-65-218; an existing evaluation done within the last six months may be used, and otherwise the court orders an independent evaluation covering medical and physical condition, adaptive behavior, intellectual functioning, and recommendations on the areas needing assistance and the least restrictive alternatives (28-65-212). The person is personally served if personal service can be had, cannot waive notice, and receives the Ward's Bill of Rights with the petition; the court may reduce the days of notice for good cause, but in every case at least twenty days' notice must be given (28-65-207; 28-65-106). The person has the right to be represented by counsel at the hearing (28-65-213(a)(1)). Arkansas says the court "may dismiss" when feasible and adequate alternatives meet the person's needs, and a temporary guardianship for an adult cannot exceed ninety days.
Relevant Laws
Arkansas Code 28-65-101 (Definitions: guardian and incapacitated person)
Defines a guardian as one appointed by a court to have the care and custody of the person or of the estate, or of both, of an incapacitated person, and defines incapacitated person in subdivision (5)(A).
Arkansas Code 28-65-207 (Notice of hearing and personal service)
Requires personal service on the person if personal service can be had, bars the person from waiving notice, and provides that the court may reduce the days of notice for good cause but in every case at least twenty days' notice shall be given. Section 28-65-106 sets out the Ward's Bill of Rights.
Arkansas Code 28-65-212 and 28-65-213 (Evaluation, hearing and burden of proof)
Sets the professional evaluation before the hearing and the six-month reuse rule in 28-65-212, and the person's hearing rights, the clear and convincing evidence burden on the petitioner, and consideration of less restrictive alternatives in 28-65-213.
Arkansas Judiciary Probate Division Forms
Official probate forms adopted under Administrative Order No. 12, including Form 24 (Petition), Form 25 (Notice of Hearing), Form 27 (Bond), Form 29 (Letters), and Forms 30 to 32 (inventory, accounting, annual report).
Regional Variances
Arkansas adult guardianship requirements
Court
Circuit court, probate division, with exclusive jurisdiction over guardianship, subject to the right of appeal (Ark. Code Ann. 28-65-107(a)).
Terms used
Guardian of the person, of the estate, or both, general or limited, of an "incapacitated person" (the ward, proposed ward or respondent). Chapter 65 has no separate adult conservator office (28-65-101; 28-65-214(b)).
Petition form
Form 24, Petition for Appointment of Guardian of the Person and Estate, from the official probate forms; modify it if the guardianship is only of one or the other. Check with the circuit clerk, because the court's requirements control.
Incapacity standard and proof
"Incapacitated person" means a person impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for health or safety or to manage the estate (28-65-101(5)(A)). Burden: clear and convincing evidence on the petitioner (28-65-213(b)).
Medical or evaluator report
A professional evaluation must be performed before the hearing, except for appointments because of minority, disappearance, or detention or confinement by a foreign power, or under 28-65-218. Evaluations within the last six months may be used; otherwise the court orders an independent evaluation covering medical and physical condition, adaptive behavior, intellectual functioning, and recommendations on needed assistance and least restrictive alternatives (28-65-212).
Notice and service
Personal service on the person if personal service can be had; the person cannot waive notice; the Ward's Bill of Rights is served with the petition on a proposed ward over eighteen; others are served under 28-1-112. The court may reduce the days of notice for good cause, but in every case at least twenty days' notice shall be given (28-65-207; 28-65-106).
Right to counsel
The person has the right to be represented by counsel at the hearing (28-65-213(a)(1)). A guardian ad litem is not necessary (28-65-207(c)(3)). Ask the clerk whether and when the court appoints counsel for an unrepresented person.
Less restrictive alternatives
After finding incapacity, the court determines the extent of the incapacity and the feasibility of less restrictive alternatives; if they are feasible and adequate, the court may dismiss. Guardianship is ordered only to the extent of actual limitations, and limited guardianship is authorized (28-65-213(c); 28-65-105; 28-65-214).
Emergency guardian
Ex parte emergency motion with an affidavit or verified petition showing imminent danger to the life or health of the person, or of loss, damage, or waste to property, requiring immediate appointment; review hearing within fourteen days. Temporary guardianship requires clear and convincing evidence and, for an adult, may not exceed ninety days (28-65-218).
Bond and reports
Court-fixed bond; for a guardianship of the person only, not more than $1,000, or the court may dispense with it (28-65-215(a)). All guardians file an annual report; unless the court directs otherwise, a guardian of the estate files a verified account annually within sixty days after the appointment anniversary and within sixty days after termination (28-65-322; 28-65-320).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney or healthcare power of attorney, or a limited guardianship, would meet the need. Once incapacity is found, the court determines the feasibility of less restrictive alternatives, and if they are feasible and adequate to meet the person's needs the court may dismiss the action.
Arrange the professional evaluation
Before the hearing days after startingA professional evaluation must be performed before the hearing, except for appointments because of minority, disappearance, or detention or confinement by a foreign power, or under 28-65-218. An evaluation done within the last six months may be used; otherwise the court orders an independent one.
File Form 24 with the circuit court
At filing days after startingFile Form 24, Petition for Appointment of Guardian of the Person and Estate, modified if the guardianship is only of one or the other, in the circuit court, probate division. Ask the circuit clerk about local requirements and the filing fee.
Serve the person and confirm notice
At least twenty days' notice days after startingServe the person personally if personal service can be had, with the Ward's Bill of Rights and the petition; the person cannot waive notice. The court may reduce the days of notice for good cause, but in every case at least twenty days' notice must be given. The person may be represented by counsel at the hearing.
Calendar bond, inventory and reports
After appointment days after startingPost the court-fixed bond (for a guardianship of the person only, not more than $1,000, or the court may dispense with it). A guardian of the estate files an inventory under 28-49-110. All guardians file an annual report, and unless the court directs otherwise a guardian of the estate files a verified account annually within sixty days after the appointment anniversary and within sixty days after termination.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney or healthcare power of attorney, or a limited guardianship, would meet the need. Once incapacity is found, the court determines the feasibility of less restrictive alternatives, and if they are feasible and adequate to meet the person's needs the court may dismiss the action. | durable-power-of-attorney | Before filing |
| Arrange the professional evaluation | A professional evaluation must be performed before the hearing, except for appointments because of minority, disappearance, or detention or confinement by a foreign power, or under 28-65-218. An evaluation done within the last six months may be used; otherwise the court orders an independent one. | - | Before the hearing |
| File Form 24 with the circuit court | File Form 24, Petition for Appointment of Guardian of the Person and Estate, modified if the guardianship is only of one or the other, in the circuit court, probate division. Ask the circuit clerk about local requirements and the filing fee. | - | At filing |
| Serve the person and confirm notice | Serve the person personally if personal service can be had, with the Ward's Bill of Rights and the petition; the person cannot waive notice. The court may reduce the days of notice for good cause, but in every case at least twenty days' notice must be given. The person may be represented by counsel at the hearing. | - | At least twenty days' notice |
| Calendar bond, inventory and reports | Post the court-fixed bond (for a guardianship of the person only, not more than $1,000, or the court may dispense with it). A guardian of the estate files an inventory under 28-49-110. All guardians file an annual report, and unless the court directs otherwise a guardian of the estate files a verified account annually within sixty days after the appointment anniversary and within sixty days after termination. | - | After appointment |
Frequently Asked Questions
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