Arkansas: Adult Guardianship and Conservatorship Petition Requirements
The short answer
Arkansas ordinarily uses one guardianship proceeding for authority over the person, estate, or both, and requires clear and convincing proof of incapacity, necessity, and a qualified and suitable guardian. The petition must describe the alleged disability, property, requested type and duration, relatives, caregivers, proposed guardian, and knowledgeable witnesses; the adult receives at least 20 days' notice, has hearing and counsel rights, and must have a recent professional evaluation. A separate, property-only conservatorship is available for an adult unable to manage property because of advanced age or physical disability, but it depends on the adult's voluntary consent unless the adult files the petition.
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This is the general rule in Arkansas. Ezel applies current Arkansas law to your specific facts and answers with citations to the statutes.
| Proceeding and state terminology | Chapter 65 uses 'guardian' for the person, estate, or both, including limited guardians (§ 28-65-101). Chapter 67 separately permits a consent-based conservator of the estate for inability to manage property because of advanced age or physical disability (§§ 28-67-103 to -105). |
|---|---|
| Who may file and where | Any person may seek appointment of self or another qualified guardian (§ 28-65-205(a)); file in the adult's county of domicile, residence if not domiciled in Arkansas, or county holding most Arkansas property if neither (§ 28-65-202(a)). The separate conservatorship begins by verified petition of any person, relative, or friend and requires the adult's consent unless self-filed (§ 28-67-103). |
| What the petition must contain | State the adult's identity and residence; incapacity and purpose; property and benefits; existing guardians; proposed guardian; closest relatives; caregiver or institution; the nominee's existing wards; reasons and petitioner interest; alleged disability; recommended type, scope, and duration; service-provider notice; and knowledgeable witnesses (§ 28-65-205(b)). |
| Proof required for appointment | Clear and convincing evidence must show incapacity, that guardianship is necessary to protect the adult, and that the appointee is qualified and suitable (§§ 28-65-210, -213). Incapacity is functional inability to make or communicate health/safety or estate decisions (§ 28-65-101). The consent conservatorship uses a full hearing and an advanced-age-or-physical-disability property-management test (§ 28-67-105). |
| Alternatives the court must address | The evaluation must recommend available least restrictive alternatives (§ 28-65-212). After finding incapacity, the court determines its extent and whether alternatives are feasible; it may dismiss when feasible alternatives adequately meet the adult's needs (§ 28-65-213(c)). |
| Notice, service, and hearing timing | Serve the adult personally if reasonably possible, with hearing notice, due-process notice, and the Ward's Bill of Rights; give at least 20 days' notice even if shortened for good cause (§ 28-65-207). Required recipients include the spouse, existing guardian/caregiver and service agency, and—if no known spouse—one nearest competent relative. The consent conservatorship separately notices the spouse or, if none, a nearest competent relative (§ 28-67-104). |
| Counsel and hearing rights | The adult has rights to counsel, present evidence, cross-examine, attend or participate electronically, and subpoena an evaluator (§ 28-65-213). The statute states a right to counsel but does not itself make appointment automatic. Absence requires an inquiry and clear and convincing evidence that attendance or electronic participation is unsafe, inappropriate, or impossible. |
| Medical evidence or court evaluator | Before the adult hearing, a physician, licensed psychologist, or licensed certified social worker with relevant training and experience must evaluate medical/physical condition, adaptive behavior, intellectual function, needed assistance, and alternatives (§ 28-65-212). If no evaluation from the prior six months is available, the court orders an independent one; incapacity evidence also needs oral testimony or a sworn statement from at least one qualified professional (§ 28-65-211). |
| Limits on the order | The order must find incapacity and need, identify person/estate/both and the nature of the guardianship, and may define transferred powers and retained rights; a limited order must specify the guardian's powers and duties (§ 28-65-214). Separate emergency relief requires detailed verified facts of imminent danger or property loss, a review hearing within 14 days, and any adult temporary guardianship is capped at 90 days (§ 28-65-218). |
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Requirements one by one
Proceeding and state terminology
Arkansas's ordinary incapacity proceeding is a Chapter 65 guardianship. Under
§ 28-65-101, one guardian may receive authority over the person, the estate, or
both, and the order may be general or limited. Arkansas therefore does not use
“conservator” as the ordinary label for every property appointment.
Chapter 67 creates a narrower alternative. Sections 28-67-103 through
28-67-105 allow a conservator of the estate when advanced age or physical
disability prevents property management. That track requires the adult's
voluntary consent unless the adult is the petitioner, so it is not an
involuntary incapacity adjudication under Chapter 65.
Who may file and where
Ark. Code Ann. § 28-65-205(a) allows any person to ask that the petitioner or another
qualified person be appointed guardian. Ark. Code Ann. § 28-65-202(a) places the case in
the adult's county of domicile, then uses Arkansas residence if the adult is not
domiciled in the state, and finally the county holding the greater part of the
adult's Arkansas property if the adult neither resides nor is domiciled here.
The Chapter 67 conservatorship petition is verified. Section 28-67-103 permits
a filing by any person, relative, or friend, but the adult must consent when
someone else files.
What the petition must contain
Ark. Code Ann. § 28-65-205(b) requires a concrete account of the proposed case. The
petition identifies the adult, proposed guardian, closest relatives, caregiver
or institution, any existing guardian, and any wards the nominee already
serves. It also describes the alleged disability, purpose of the requested
authority, property and benefits, the proposed type, scope, and duration, the
petitioner's interest, service-provider notice, and people with relevant
knowledge.
The enrolled 2025 amendment is printed as a strike-and-underline act. Its text
changes the provider-notice allegation to forward-looking notice and broadens
the last item from likely witnesses to others with knowledge of disability,
property, or both.
Proof required for appointment
Ark. Code Ann. § 28-65-210 and § 28-65-213 place a clear-and-convincing burden on the
petitioner. The court must find that the adult is incapacitated, guardianship
is necessary to protect the adult, and the proposed guardian is qualified and
suitable. The § 28-65-101 definition is functional: the impairment must leave
the adult without enough understanding or capacity to make or communicate
decisions needed for health or safety or estate management.
Alternatives the court must address
The evaluator's § 28-65-212 report must recommend the specific areas where help
is needed and the least restrictive alternatives available. Under
§ 28-65-213(c), the court then determines the extent of incapacity and whether
alternatives can meet the adult's needs. If an alternative is both feasible and
adequate, the court may dismiss the guardianship case.
Notice, service, and hearing timing
Ark. Code Ann. § 28-65-207 requires personal service on the adult when reasonably
possible. The papers include hearing notice, the § 28-65-213 due-process
rights, and the Ward's Bill of Rights. The court may shorten notice for good
cause, but the amended statute preserves a minimum of 20 days. The spouse,
existing guardian or caregiver, service agency, and—in the absence of a known
spouse—one nearest competent relative are among the other recipients.
Counsel and hearing rights
Ark. Code Ann. § 28-65-213 gives the adult the right to counsel, to offer evidence, to
cross-examine adverse witnesses, to attend, and to subpoena one or more
professionals who prepared the evaluation. It does not itself direct automatic
appointment of counsel. The petitioner or physical custodian must make
reasonable efforts to secure in-person or electronic participation. The court
may proceed without the adult only after asking why the adult is absent and
receiving clear and convincing evidence that participation is unsafe,
inappropriate, or impossible.
Medical evidence or court evaluator
Ark. Code Ann. § 28-65-212 requires an evaluation before the ordinary adult hearing.
The amended rule names a physician, licensed psychologist, or licensed
certified social worker with training, experience, and knowledge of the
alleged disability. The report covers medical and physical condition, adaptive
behavior, intellectual function, needed assistance, and available
alternatives. If no evaluation from the previous six months is available, the
court orders an independent evaluation. Section 28-65-211 separately requires
incapacity evidence to include oral testimony or a sworn written statement
from one or more qualified professionals.
Limits on the order
Ark. Code Ann. § 28-65-214 requires findings that the adult is incapacitated and needs a
guardian for the person, estate, or both. The order identifies the nature of
the guardianship and any bond. It may limit the guardian's authority and define
the adult's retained civil and legal rights; if the court chooses a limited
guardianship, the order must state the specific powers, authorities, and
duties transferred.
Emergency and temporary cases remain separate. Ark. Code Ann. § 28-65-218 requires
specific verified facts of imminent danger to life or health, or threatened
loss, damage, or waste of property, for ex parte emergency relief. The order
sets a review hearing no later than 14 days, and an adult temporary
guardianship may not exceed 90 days.
What trips people up
Arkansas has both an estate guardian and a conservator, but they are not
interchangeable labels. An involuntary request to transfer property authority
because of incapacity proceeds under Chapter 65. The Chapter 67 conservator is
the adult's consent-based, property-only route for advanced age or physical
disability.
The 2025 act also changed several familiar phrases. The ordinary appointment
is now framed as necessary, not merely desirable, and the court must use
clear and convincing evidence. Older forms and summaries that repeat the
pre-amendment wording should be checked against Act 713.
Common questions
Does a diagnosis by itself establish incapacity?
No. Section 28-65-101 ties incapacity to the adult's actual ability to make or
communicate decisions about health, safety, or estate management. The court
must also find guardianship necessary under § 28-65-210.
Can the adult participate remotely?
Yes. Section 28-65-213 requires reasonable efforts to make the adult present or
otherwise able to participate electronically. Absence is not automatic merely
because travel or attendance is inconvenient.
Is an evaluation attached to every petition?
The statute requires an evaluation before the ordinary adult hearing, not
necessarily as a universal filing attachment. If no qualifying evaluation from
the prior six months is available, § 28-65-212 directs the court to order an
independent evaluation.
Can the court appoint only an estate decision-maker?
Yes. Chapter 65 permits a guardian of the estate without a guardian of the
person. If the adult voluntarily consents and the Chapter 67 conditions apply,
the separate conservator-of-the-estate route may also be available.
Statutes and sources
- Ark. Code Ann. § 28-65-101. Defines guardian, incapacity, least
restrictive alternative, and limited guardian. Current amendment text:
2025 Ark. Act 713 § 4
(accessed July 18, 2026). - Ark. Code Ann. §§ 28-65-202 and 28-65-205. Governs venue, who may
petition, and petition contents. Baseline text:
Official Code of Arkansas Annotated, Title 28, release 78;
current petition amendment: 2025 Ark. Act 713 § 12
(accessed July 18, 2026). - Ark. Code Ann. §§ 28-65-207 and 28-65-210 to -214. Governs notice,
proof, professional evidence, evaluation, hearing rights, alternatives, and
the appointment order. 2025 Ark. Act 713 §§ 14, 17-21
(accessed July 18, 2026). - Ark. Code Ann. § 28-65-218. Separates emergency and temporary relief.
2025 Ark. Act 713 § 23
(accessed July 18, 2026). - Ark. Code Ann. §§ 28-67-103 to -105. Governs the separate consent-based
conservatorship of the estate. Official Code of Arkansas Annotated, Title
28, release 78
(accessed July 18, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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