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Arkansas Elder Guardianship — Cost, Forms, Process, and the Alternatives Courts Ask About First (2026)

By Oleg Kachko · Updated September 6, 2026

✓ Verified September 2026

Arkansas Elder Guardianship is the court process an adult child uses when a parent can no longer make safe decisions and no power of attorney is in place — or the one that exists is being misused. It is the most powerful tool in elder law and the last one anArkansas court wants to use, because it takes away the parent’s legal right to decide.

This guide gives the Arkansas answer in plain English: which court, what medical proof is required, who must be notified, what the hearing costs, what the judge will ask you to try first, and what a guardian must do after the order. All facts are from Arkansas law, verified as of September 2026.

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Arkansas Elder Guardianship: At a Glance

Here are the Arkansas facts that decide most Arkansas elder guardianship cases:

Governing statute Arkansas Code Annotated Title 28, Subtitle 5, Chapter 65, “Guardians Generally,” Ark. Code Ann. §§ 28-65-101 through 28-65-707. A separate chapter, Ark. Code Ann. §§ 28-67-101 through 28-67-111, “Conservators for the Aged and Disabled,” governs conservatorships. The Ward’s Bill of Rights at § 28-65-106 and the hearing-rights section at § 28-65-213 were added and expanded by Act 516 of 2021.
What Arkansas calls the roles Arkansas uses “guardian,” not “conservator,” for an incapacitated adult. Under § 28-65-101 a guardian is one appointed to have care and custody of the person, of the estate, or of both, and § 28-65-104 classifies the appointment as guardian of the person, guardian of the estate, or guardian of the person and estate. Guardian of the person controls residence, care, and medical treatment; guardian of the estate controls money and property. “Conservator” in Arkansas is a distinct, voluntary role under § 28-67-101 et seq. for an adult who consents because of advanced age or physical disability and is not adjudicated incapacitated.
Court Petitions are filed in the probate division of the circuit court. Arkansas abolished separate probate courts under Amendment 80, and probate jurisdiction now sits in circuit court under Administrative Order Number 12. Venue under § 28-65-202 is the county where the incapacitated person resides; if petitions are filed in more than one county, all are stayed except the county where the case was first commenced until venue is finally determined, and the file is then transmitted to the proper county.
Who can file Ark. Code Ann. § 28-65-205 provides that any person may file a petition for the appointment of himself or herself, or of some other qualified person, as guardian of an incapacitated person. An adult child therefore has standing without being a relative of any particular degree. The petition must state the proposed ward’s name, age, and residence; the nature of the incapacity and the class of guardianship sought under § 28-65-104; the value and description of the estate; whether any guardian already exists in any state; the names and addresses of the persons most closely related by blood or marriage; and the person or institution having care and custody of the proposed ward.
Medical evidence required Ark. Code Ann. § 28-65-211 requires evidence of incapacity to include the oral testimony or sworn written statement of one or more qualified professionals, with their qualifications set out. Section 28-65-212 requires a professional evaluation before the hearing, performed by a professional with expertise appropriate to the alleged incapacity — commonly a physician, psychologist, or licensed social worker — and filed as a notarized Professional Evaluation affidavit or given as testimony. If no professional evaluation performed within the last 6 months is available, the court orders an independent evaluation. The evaluation must recommend the specific areas in which assistance is needed and the least restrictive alternatives available. If the person is confined or under treatment in an institution, hospital, or penal institution, one professional must be on that facility’s medical staff.
Typical time to a hearing UNVERIFIED. Chapter 65 sets a floor rather than a target — § 28-65-207 requires at least 20 days’ notice before the hearing — but Arkansas does not publish a statewide statutory or administrative deadline for setting an adult guardianship hearing, and actual settings vary by circuit and county docket. Check with the circuit clerk in the county of residence or a licensed Arkansas attorney for local timing.
Filing fee 165. This is the uniform circuit court filing fee that applies to opening a probate division case, consisting of the 150 statutory base under Ark. Code Ann. § 21-6-403(b)(1) plus the 15 court technology fee under § 21-6-416. It is a flat fee and does not scale with the size of the estate. Counties may add service-of-process and certified-copy costs on top, so confirm the current total with the circuit clerk.
Supported decision-making law NO. Arkansas has not enacted a supported decision-making agreement act; a Supported Decision-making Agreement Act bill was introduced and died in House committee, and no comparable statute has been adopted. The only statutory recognition of supported decision-making in Arkansas is narrow: Ark. Code Ann. § 20-14-901 et seq. (2021), known as Lila’s Law, treats supported decision-making as an auxiliary aid and service in the organ transplant anti-discrimination context. A judge may still weigh informal supported decision-making as a less restrictive alternative under § 28-65-212.

When Arkansas Elder Guardianship Is the Right Tool

Guardianship is for a parent who lacks capacity — not one who is making choices the family disagrees with. The legal question in Arkansas is whether the person can understand information, weigh it, and communicate a decision, not whether the decision is wise.

A parent who refuses to move to assisted living, keeps driving, or gives money to a new friend may be exercising bad judgment; that alone does not support Arkansas elder guardianship. A parent who cannot recognize a bill, does not know what month it is, or signs whatever is put in front of them likely does.

Two situations account for most petitions. The first is a parent with advancing dementia who never signed a durable power of attorney or health care directive, so nobody has authority to act. The second is a parent who did sign one, but the agent is missing, incapable, or — most often — taking the money.

In that second case the guardianship petition is the tool that replaces the agent, and the Arkansas power of attorney abuse guide linked below covers the steps that usually come first.

Alternatives the Arkansas Court Will Ask About First

Ark. Code Ann. § 28-65-212 requires the professional evaluation itself to state a recommendation as to the least restrictive alternatives available, putting that question before the court in every adult case.

Section 28-65-214 permits a limited guardianship order that sets out only the specific powers, authorities, and duties given to the guardian and defines the legal and civil rights the incapacitated person retains, and § 28-65-106 confirms a ward keeps every right not expressly limited by court order or granted to the guardian.

Alternatives commonly weighed before a full guardianship include a durable power of attorney, an advance directive or health care proxy, a Social Security representative payee, joint accounts or a trust, and a limited guardianship over only the areas of demonstrated need. Ark. Code Ann. §§ 28-65-501 through 28-65-503 also allow the court to dispense with guardianship in defined circumstances.

Supported decision-making in Arkansas: NO. Arkansas has not enacted a supported decision-making agreement act; a Supported Decision-making Agreement Act bill was introduced and died in House committee, and no comparable statute has been adopted. The only statutory recognition of supported decision-making in Arkansas is narrow: Ark. Code Ann. § 20-14-901 et seq.

(2021), known as Lila’s Law, treats supported decision-making as an auxiliary aid and service in the organ transplant anti-discrimination context. A judge may still weigh informal supported decision-making as a less restrictive alternative under § 28-65-212.

Filing for Arkansas Elder Guardianship: The Steps

Who must be notified: Under Ark. Code Ann. § 28-65-207, at least 20 days’ notice of the hearing must be given, and the court may shorten the period for good cause but never below 20 days. A proposed ward over 14 must be personally served if personal service can be had.

Section 28-65-208 governs the persons entitled to notice, generally including the spouse and the persons most closely related by blood or marriage listed in the petition, and the person or institution having care and custody. An adult ward must also be served with the notice of the Ward’s Bill of Rights under § 28-65-106(b), served together with the notice of hearing.

The proposed ward’s own voice: Ark. Code Ann. § 28-65-213 gives the proposed ward 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 court may appoint counsel if the proposed ward cannot afford one.

Section 28-65-207 states it is not necessary that the person be represented by a guardian ad litem. The petitioner or custodian must make reasonable efforts to have the proposed ward present or participating electronically; if absent, the court must first inquire into the reason and may proceed only after being satisfied that attendance is not safe, appropriate, or possible.

Who the court prefers as guardian: Ark. Code Ann. § 28-65-204 sets the preferences. Before appointing a guardian the court must take into consideration any request made by the incapacitated person about who should be appointed; that request may be made by any means, and the person need not appear in court to state a preference.

The court also considers any request for appointment made by the spouse of the incapacitated person and the relationship by blood or marriage to the person for whom guardianship is sought, and gives due regard to a nomination made in a will or other written instrument. The parental preference in the same section applies to unmarried minors, not to an elderly parent. Qualifications are set separately by § 28-65-203.

Bond: Ark. Code Ann. § 28-65-215 governs the guardian’s bond, and letters of guardianship issue on qualification under § 28-65-216. Where the guardianship is of the person only, the bond may not exceed 1000, and the court may dispense with a bond altogether. Bond is expected where there is an estate to protect, sized to the assets.

At every accounting the court must inquire into the sufficiency of the bond and the sureties and order a new or additional bond if either is insufficient. A person may be relieved of bond as to property given by a will when the testator expressed the wish that no bond be required.

Emergency Guardianship in Arkansas

Ark. Code Ann. § 28-65-218 governs emergency and temporary guardianships, available when the welfare of the person requires immediate action. Section 28-65-212 exempts a § 28-65-218 appointment from the pre-hearing professional evaluation requirement. Notice of the emergency hearing must be given as required by subsections (b)-(d) of § 28-65-218, but notice is excused as to a person whose whereabouts are unknown or cannot be ascertained through reasonable diligence.

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The court may grant a temporary guardianship for up to 90 days from the date of the emergency hearing, and a full hearing on the merits must be held within 14 days of entry of the temporary order. The additional 180-day extension in the statute applies where the incapacitated person is a minor.

What anArkansas Guardian Must Do Every Year

Under Ark. Code Ann. § 28-65-301, a guardian of the person is entitled to custody of the ward, may be required to report the ward’s condition to the court at regular intervals as the court directs, and may not bind the ward or the ward’s property; the Arkansas Judiciary publishes Form 32, Annual Report of Guardian, for that report.

A guardian of the estate must exercise due care to protect and preserve the estate, invest and apply it as the chapter provides, and deliver the assets at termination, with trust law applying to those duties.

Section 28-65-320 requires a written verified account of the administration filed annually within 60 days after the anniversary of appointment and again within 60 days after termination, on notice given as under §§ 28-65-207 and 28-65-208; a guardian who files late may be denied compensation for the delay period.

Section 28-65-314 requires a court order before the ward’s real or personal property, including the home, is sold, conveyed, mortgaged, leased, or exchanged.

Other Arkansas rules: Arkansas enacted a Ward’s Bill of Rights at Ark. Code Ann. § 28-65-106 (Act 516 of 2021), which must be served on an adult proposed ward with the hearing notice and confirms the ward retains all legal and civil rights not expressly limited by court order. Ark.

Code Ann. §§ 28-65-701 through 28-65-707 create the Office of Public Guardian for Adults, housed at the Department of Human Services, to serve as guardian where no suitable private guardian exists. Section 28-65-203 imposes criminal background check and home study requirements in defined cases, with an out-of-state records rule for a petitioner who lived in another state for the 6 years immediately prior.

Arkansas has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act at Title 28, Chapter 74, which governs transferring a guardianship in from or out to another state. Arkansas does not impose a statewide mandatory guardian training course.

Mistakes That Slow Down Arkansas Elder Guardianship

The first mistake is filing without the medical evaluation. Every Arkansas petition needs a physician’s or psychologist’s statement about capacity, and the court will not set a hearing without it; families lose weeks getting an appointment after they file instead of before. The second is skipping notice.

The parent, the spouse, the other adult children, and any agent under an existing power of attorney are entitled to know about the hearing, and a missed notice is the most common reason anArkansas elder guardianship hearing is continued.

The third mistake is asking for more than the situation needs. A judge who sees a petition for full guardianship of a parent who can still manage a checkbook will either deny it or trim it, and the family has spent a filing fee to learn what a limited petition would have avoided. The last mistake is treating the order as the end.

A guardian in Arkansas owes the court an inventory, a report, and usually an annual accounting; guardians who miss them face removal, and the parent loses the protection the family fought for.

What to Expect from Arkansas Elder Guardianship

AnArkansas elder guardianship case runs in a fixed order: the petition and the medical evaluation are filed together, notice goes to the parent and the family, the court appoints someone to speak for the parent, and a hearing is held where the judge decides whether capacity is lacking and whether anything less than guardianship would do.

Uncontested cases move in weeks; a contested one — usually a parent who objects, or siblings who each want the role — takes months and looks like a trial.

Two things surprise families. The first is that the parent is entitled to fight it, with a lawyer, and often does. The second is that the order is not the end of the court’s involvement: anArkansas elder guardianship order comes with reporting duties every year for the rest of the parent’s life, and the guardian who treats it as a one-time filing is the one the court removes.

When it is time to call an elder-law attorney

When money is already missing or a bank has frozen an account in Arkansas, a lawyer can get an accounting order and an emergency freeze faster than a family can. Many offer a free first call, and the state bar’s lawyer referral service and free legal-aid offices are the no-cost starting points.

Key Takeaways: Arkansas Elder Guardianship

  • Capacity, not judgment: Arkansas elder guardianship is granted when a parent cannot understand or communicate decisions, never because the family disagrees with them.
  • Alternatives come first: the court will ask why a power of attorney, a payee, or a limited order will not do before it grants Arkansas elder guardianship.
  • The evaluation goes in with the petition: every Arkansas elder guardianship filing needs a recent physician’s statement, and the hearing waits until it is there.
  • Everyone gets notice: the parent, spouse, adult children, and any current agent must be told before Arkansas elder guardianship is decided.
  • The parent gets a voice: in most states the court appoints counsel or a visitor, and the parent may contest Arkansas elder guardianship.
  • Limited beats full: anArkansas elder guardianship order covering only the decisions the parent cannot make is easier to get and easier to live with.
  • Emergency orders are short: temporary Arkansas elder guardianship lasts weeks, not years, and must be followed by the full petition.
  • The order starts the duties: Arkansas elder guardianship comes with an inventory, an annual report, and usually an accounting for life.
  • Nomination matters: a parent who named a guardian in a power of attorney usually gets that person in anArkansas elder guardianship case.
  • Siblings should agree beforehand: contested Arkansas elder guardianship between children is the slowest and most expensive kind.
  • Bond is common: a guardian of the estate under Arkansas elder guardianship is often required to post one unless the court waives it.
  • Restoration is possible: Arkansas elder guardianship can be ended or narrowed if the parent recovers, on petition to the same court.

Quick Answers: Arkansas Elder Guardianship

How much does Arkansas Elder Guardianship cost?

The filing fee is modest; the real cost is the medical evaluation, the attorney, and the court-appointed representative for the parent, which the estate usually pays. Contested Arkansas elder guardianship cases cost several times an agreed one.

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Official Arkansas Sources & Resources

This Arkansas guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.

More Arkansas Estate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.