Adult Guardianship and Conservatorship Petition Requirements in Arkansas

At a glance

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).