How to File for Guardianship in Arkansas: Step-by-Step Court Process

Your parent has lost the cognitive ability to manage their own affairs, and no power of attorney was ever signed. The only path forward is filing for court-supervised guardianship through the probate division of the Arkansas circuit court.

This is a formal legal proceeding that strips your parent of substantial rights, so the court imposes strict procedural requirements at every step.

Step 1: File the Petition

File a Petition for Appointment of Guardian of the Person and Estate (Probate Form 24) in the circuit court of the county where your parent lives.

The petition must include:

• Your parent's full legal name, date of birth, and current address
• The specific reasons you believe your parent is incapacitated
• An inventory estimate of your parent's real and personal property, income sources (Social Security, pensions), and debts
• Names and addresses of all immediate blood relatives (spouse, children, siblings)
• Whether you are requesting guardianship of the person (medical, housing, daily care), the estate (bank accounts, property, finances), or both

The filing fee is $165.

Step 2: Arrange the Medical Evaluation

The court requires a formal clinical evaluation from a licensed physician or psychologist. The evaluator must file a report addressing:

• Your parent's physical condition and cognitive functioning
• Their adaptive behavior and ability to manage daily tasks
• A specific recommendation on the scope of guardianship needed

The evaluation must be performed within 6 months before the court hearing. Cost ranges from $300 to $1,500 depending on complexity. The ward's estate typically pays if the guardianship is granted.

Step 3: Serve Notice

Under Arkansas Code § 28-65-207, you must personally serve your parent with:

• The notice of hearing (Probate Form 25)
• A notice of their statutory rights, including the right to legal representation, the right to be present at the hearing, and the right to object

All other interested parties — your parent's spouse, adult children, siblings, and nearest relatives — must receive certified mail notice.

Notice must be served at least 20 days before the scheduled hearing.

Step 4: The Court Hearing

The court appoints an attorney ad litem to independently represent your parent's interests. This is mandatory — the attorney ad litem investigates the case, interviews the parent, and reports to the judge.

At the hearing, the judge considers:

• The medical evaluation report
• The attorney ad litem's findings
• Testimony from family members
• Whether less restrictive alternatives (like a power of attorney or voluntary conservatorship) are available

The judge may appoint guardianship of the person only, the estate only, or both.

Step 5: Purchase the Surety Bond

If appointed guardian of the estate, you must purchase a corporate surety bond (Form 27) before receiving your official appointment letters. The bond amount is set by the court — typically equal to the total value of the ward's personal property plus expected annual income.

Present the approved bond to the circuit court clerk to receive your Letters of Guardianship (Form 29) — the certified document that proves your legal authority to banks, hospitals, and government agencies. Certified copies cost $50 each.

Step 6: File the Asset Inventory

Within 60 days of appointment, file Form 30 (Inventory of Ward's Estate) — a complete itemized list of every asset under your control, including bank accounts, real estate, vehicles, investments, and personal property.

Ongoing Duties

Every year after appointment, you must file:

• Form 31 (Accounting by Guardian) — a detailed financial report of all income received and expenses paid on the ward's behalf. Filing fee: $10.
• Form 32 (Annual Report of Guardian of the Person) — a report on the ward's physical health, mental condition, living arrangements, and social activities.

Both are due within 60 days of the anniversary of your appointment date. Missing these deadlines can result in the court removing you as guardian.

Types of Guardianship

Guardian of the person controls medical decisions, housing, daily care, and personal welfare. Guardian of the estate manages all financial assets, pays bills, files taxes, and handles property. Most families petition for both, but the court can appoint different people for each role if circumstances require it.

Arkansas also allows limited guardianship — the court can restrict the guardian's authority to specific areas while preserving the ward's rights in others. Courts are increasingly favoring limited guardianship over full guardianship when the parent retains some decision-making ability.

All official Arkansas probate forms are available through the Administrative Office of the Courts at arcourts.gov. The Arkansas Power of Attorney & Guardianship Kit for Aging Parents includes these forms with step-by-step filing instructions and checklists for each phase of the court process.

See more Arkansas guides →