Arkansas Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Arkansas court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Ark. Code Ann. Title 28, Chapter 65 (Guardians Generally), §§ 28-65-101 et seq.

By Settled Estate EditorialPublished: June 28, 2026Updated: June 14, 2026

What guardianship and conservatorship mean here

Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Arkansas guardianship is governed by Ark. Code Ann. Title 28, Chapter 65 (Guardians Generally), §§ 28-65-101 et seq..

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of the Person

A person appointed by the circuit court to have the care and custody of the person of an incapacitated person. The guardian of the person is responsible for the ward's care, maintenance, and (for a minor) training and education, and is entitled to custody of the ward, but may not bind the ward or the ward's property (Ark. Code Ann. § 28-65-301). A guardian of the person may be appointed for any incapacitated person except a married minor who is incapacitated solely by reason of minority (§ 28-65-201).

Ark. Code Ann. 28-65-101, 28-65-201, 28-65-301

Guardian of the Estate

A person appointed by the circuit court to manage the estate and financial affairs of an incapacitated person. A guardian of the estate may be appointed for any incapacitated person (§ 28-65-201) and must file an inventory and annual accountings with the court (§ 28-65-320). This is Arkansas's equivalent of a conservator; Arkansas does not use a separate 'conservator' role.

Ark. Code Ann. 28-65-101, 28-65-201, 28-65-320

Limited Guardian

If the court determines the guardianship should be limited, the order must set forth the specific powers, authorities, and duties the guardian possesses, which may be stated in terms of the powers or rights the incapacitated person may exercise without intervention of the guardian. The order may define the legal and civil rights the incapacitated person retains (§ 28-65-214).

Ark. Code Ann. 28-65-214

More guardianship types6 additional arrangements courts use in specific situations, with statute cites

Guardian of Both Person and Estate (Plenary)

Under § 28-65-101 a single guardian may be appointed to have care and custody of both the person and the estate of an incapacitated person. The guardianship order specifies the nature of the guardianship (§ 28-65-214).

Ark. Code Ann. 28-65-101, 28-65-214

Temporary / Emergency Guardian

When the court finds imminent danger to the life or health of the incapacitated person or of loss, damage, or waste to the property requiring immediate appointment, the court may, with or without notice, appoint a temporary guardian of the person or estate, or both, for a specified period that, including all extensions, may not exceed 90 days. A full hearing on the merits must be held within 14 days of the temporary order (§ 28-65-218).

Ark. Code Ann. 28-65-218

Standby Guardian

A parent who is chronically ill or near death may have a standby guardian appointed by the court. The standby guardian's authority takes effect upon the death, mental incapacity, or physical debilitation and consent of the parent; the standby guardian must immediately notify the court of the triggering event and assume the role of guardian, and the court enters a conforming order of guardianship (§ 28-65-221).

Ark. Code Ann. 28-65-221

Successor Guardian

When a guardian dies, is removed, or resigns, the court may appoint a successor guardian to complete the administration of the guardianship (§ 28-65-220).

Ark. Code Ann. 28-65-220

Public Guardian for Adults

The Public Guardian for Adults may serve as guardian of the person, the estate, or both of an incapacitated person, typically when no other suitable person is willing and able to serve (§ 28-65-203).

Ark. Code Ann. 28-65-203

Guardian of a Minor

Because a minor under 18 whose disabilities have not been removed is an 'incapacitated person' under § 28-65-104, guardianship of a minor's person and/or estate is handled under the same Chapter 65 procedure. Parents are the natural guardians of a minor's person without court appointment (§ 28-65-501); a guardian of a minor's estate is appointed by the circuit court.

Ark. Code Ann. 28-65-104, 28-65-201, 28-65-501

The Arkansas guardianship court process

1File Petition in Circuit CourtAny person may file a petition for the appointment of himself, herself, or some other qualified person as guardian of an incapacitated person.

Any person may file a petition for the appointment of himself, herself, or some other qualified person as guardian of an incapacitated person. The petition is filed in the circuit court of the county that is the domicile of the incapacitated person (or, if not domiciled in Arkansas, the county of residence or where the greater part of the property is located) and must contain the statutory information, including the nature and degree of incapacity and the type, scope, and duration of guardianship sought (Ark. Code Ann. 28-65-202, 28-65-205).

2Notice of HearingNotice of the hearing on the petition is served on the proposed ward and on the persons designated by statute (including a ward 14 years of age or over, the spouse, parents, and certain relatives and agencies) (Ark. Code Ann. 28-65-207).

Notice of the hearing on the petition is served on the proposed ward and on the persons designated by statute (including a ward 14 years of age or over, the spouse, parents, and certain relatives and agencies) (Ark. Code Ann. 28-65-207).

3Evaluation / Professional EvidenceExcept where incapacity rests on minority, disappearance, or detention (established by satisfactory evidence), the court requires evidence of incapacity in the form of the oral testimony or sworn written statement of one or more qualified professionals; the court may order a professional evaluation (Ark. Code Ann. 28-65-211, 28-65-212).

Except where incapacity rests on minority, disappearance, or detention (established by satisfactory evidence), the court requires evidence of incapacity in the form of the oral testimony or sworn written statement of one or more qualified professionals; the court may order a professional evaluation (Ark. Code Ann. 28-65-211, 28-65-212).

4Hearing; Rights of the Proposed WardAt the hearing the proposed ward has the right to be present, to be represented by counsel, to present evidence, to cross-examine adverse witnesses, to remain silent, and to subpoena the professionals who prepared the evaluation.

At the hearing the proposed ward has the right to be present, to be represented by counsel, to present evidence, to cross-examine adverse witnesses, to remain silent, and to subpoena the professionals who prepared the evaluation. The petitioner bears the burden of proving incapacity by clear and convincing evidence (Ark. Code Ann. 28-65-213).

5Guardianship Order; Limited GuardianshipIf the standard is met, the court enters a guardianship order specifying the nature of the guardianship and the bond.

If the standard is met, the court enters a guardianship order specifying the nature of the guardianship and the bond. Where appropriate the court orders a limited guardianship, setting forth the specific powers the guardian holds (or the rights the incapacitated person may exercise without intervention) and defining the legal and civil rights the incapacitated person retains (Ark. Code Ann. 28-65-214).

6Bond and Issuance of LettersThe guardian gives any bond fixed by the court, and letters of guardianship are issued upon qualification (Ark. Code Ann. 28-65-215, 28-65-216).

The guardian gives any bond fixed by the court, and letters of guardianship are issued upon qualification (Ark. Code Ann. 28-65-215, 28-65-216).

How long it takes

Emergency or temporary guardianship under § 28-65-218 may issue immediately (with or without notice) and lasts for a specified period not exceeding 90 days including all extensions, with a full hearing on the merits within 14 days of the temporary order. A standard (permanent) guardianship proceeds on notice and a hearing; uncontested matters commonly resolve within several weeks to a few months depending on the court's calendar and any required evaluation. Reporting and accounting obligations continue for the life of the guardianship.

Alternatives to consider before guardianship

Durable Power of Attorney

Allows a competent adult to name an agent for financial and property decisions. A power of attorney created under the Arkansas Uniform Power of Attorney Act is durable unless it expressly provides that it terminates on the principal's incapacity, so it can avoid the need for a guardianship of the estate.

Ark. Code Ann. 28-68-104 (Uniform Power of Attorney Act, Title 28, Chapter 68)

Advance Directive / Health-Care Declaration

Allows an adult of sound mind to execute a declaration governing the withholding or withdrawal of life-sustaining treatment and to name a health-care proxy to make treatment decisions, avoiding the need for a guardian of the person for medical decisions. Part of the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act.

Ark. Code Ann. 20-17-202 (and the Arkansas Healthcare Decisions Act, 20-6-101 et seq.)

Less Restrictive / Limited Guardianship

Rather than a full guardianship, the court may enter a limited guardianship order that grants the guardian only specific powers and preserves the legal and civil rights the incapacitated person retains and the decisions he or she may make without the guardian's intervention.

Ark. Code Ann. 28-65-214

Representative Payee

Appointed by the Social Security Administration to manage Social Security and certain federal benefits only. Limited in scope to those federal benefits.

42 U.S.C. 405(j)

Trust

Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a guardianship of the estate over those assets. Governed by the Arkansas Trust Code.

Arkansas Trust Code, Ark. Code Ann. Title 28, Chapter 73

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Arkansas has no statute letting a competent adult self-nominate his or her own future adult guardian in advance; the practical pre-need tools for an adult are the durable power of attorney (durable by default under the Uniform Power of Attorney Act, § 28-68-104, naming an agent for financial and property decisions) and the health-care declaration / advance directive (§ 20-17-202, under the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, naming a health-care proxy and stating treatment wishes), each of which can avoid the need for a guardianship. For a MINOR child, a parent may make an advance designation: (1) a request in a will or other written instrument, which the court gives due regard to when selecting a guardian (§ 28-65-204); (2) a court-appointed standby guardian if the parent is chronically ill or near death (§ 28-65-221); or (3) a notarized parental appointment of a temporary guardian that becomes effective on the appointing parent's death (§ 28-65-222).

Guardianship costs

Court filing fee: $165 in circuit court; varies slightly by county.
Court appointed attorney or guardian ad litem: $400 to $2,000, usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if contested
Bond premium: Set by the court when a bond is required, roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you file yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Arkansas?

Guardianship in Arkansas is a court process under Ark. Code Ann. Title 28, Chapter 65 (Guardians Generally), §§ 28-65-101 et seq. in which a court appoints a person to make personal, medical, or financial decisions for someone the court has found can no longer make them safely.

What are the alternatives to guardianship in Arkansas?

Less restrictive alternatives in Arkansas include Durable Power of Attorney, Advance Directive / Health-Care Declaration, Less Restrictive / Limited Guardianship, Representative Payee. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Arkansas guardianship process take?

Do I need a lawyer to file for guardianship in Arkansas?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Arkansas courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Statutes and sourcesOfficial references used for this page

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Information current as of June 14, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Arkansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.