Arkansas Guardianship: Does Appointment as Guardian of the Person Include Authority Over the Estate? | Arkansas Probate | FastCounsel
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Arkansas Guardianship: Does Appointment as Guardian of the Person Include Authority Over the Estate?

Short answer

No. In Arkansas, being appointed guardian of the person does not automatically make you guardian of the estate. The court must separately appoint a guardian of the estate (often called a conservator or guardian of the property) and issue separate written authority for those powers.

Detailed answer — How Arkansas law treats person vs. estate guardianships

Arkansas separates the authority to make personal-care decisions (guardian of the person) from the authority to manage money and property (guardian of the estate or conservator). The court considers these as distinct roles because each involves different responsibilities and different risks to the protected person.

What this means in practice:

  • The petitioner must request appointment for the person, the estate, or both. If the petition requests only the person, the court’s order will grant only those personal-care powers specifically described in the order.
  • If someone needs authority to handle the adult’s finances, property, bills, benefits, or to sell or mortgage assets, the court must separately appoint a guardian of the estate (or similar fiduciary) and enter an order granting those powers.
  • The court’s written letters or order define exactly what each appointed guardian may do. Do not assume any power not spelled out in the order.

Why the court separates them

Managing personal care (housing, medical decisions, day-to-day supervision) involves different skills and oversight than handling money and property. Courts therefore require separate findings and written authority so the record clearly shows the scope of each appointment and so courts can impose appropriate safeguards (such as bonds or accounting requirements) for financial duties.

Common procedural points under Arkansas practice

  • Petition: The guardian must file a petition asking for appointment of a guardian of the person and/or estate. The petition should describe the proposed ward’s limitations and the relief sought.
  • Hearing and findings: The court holds a hearing. The judge makes specific findings about incapacity and what protective measures are needed before ordering a guardianship or estate guardianship.
  • Letters and orders: If the court appoints a guardian of the estate, it will issue letters, a bond requirement (if any), and specify reporting or accounting duties in the order.
  • Fiduciary duties: A guardian of the estate must act as a fiduciary for the ward’s property — preserve assets, avoid conflicts of interest, use funds only for the ward’s benefit, and keep accurate records.
  • Oversight: The court retains ongoing jurisdiction and typically requires inventories, accountings, and court approval for major transactions.

To read the statutes and procedures that govern guardianship in Arkansas, see the Arkansas General Assembly website for the probate and guardianship provisions: https://www.arkleg.state.ar.us/. You can search that site for the statutes and rules addressing guardianship, conservatorship, inventories, bonds, and accountings.

What you should do next if you think you need both roles

  • When you file the guardianship case, ask the court to appoint you as guardian of the person and guardian of the estate if you need both sets of powers.
  • If you already are guardian of the person but now need authority over property, return to court and petition for appointment as guardian of the estate (or for the court to appoint another appropriate fiduciary).
  • At the hearing, bring evidence about the ward’s functional limitations and the property that requires management (bank accounts, real estate, benefits, investments).
  • Keep careful records and follow any bond, inventory, and accounting requirements the court imposes.

Helpful hints

  • Do not assume you can sign financial documents just because you are guardian of the person. Ask the court for written authority or for appointment as guardian of the estate.
  • Request clear written orders (letters of guardianship) that spell out the powers you have. Keep a copy with financial institutions and medical providers as needed.
  • Expect the court to require safeguards for estate appointments, such as a bond or regular accountings to the court.
  • If a separate guardian of the estate is appointed for the person’s property, coordinate closely with that person to avoid duplicated payments or missed bills.
  • Keep detailed records of all receipts, expenditures, and decisions you make for the ward. Good records protect the ward and you if the court reviews your actions.
  • Consider consulting an attorney who handles Arkansas guardianship matters to help with filings, court hearings, inventories, and accountings.

Where to find more information

Search the Arkansas General Assembly website for guardianship and probate statutes and local court forms: https://www.arkleg.state.ar.us/. The Arkansas Judicial Branch website may also provide practical guides and local forms for guardianship proceedings: https://www.arcourts.gov/.

Disclaimer: This article explains general principles of Arkansas guardianship law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Arkansas attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.