Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney for legal guidance.
Understanding Guardianship and Conservatorship in Arkansas
Arkansas law provides a legal process to protect adults who cannot manage personal or financial decisions due to incapacity. The court may appoint a guardian to make personal decisions or a conservator to handle financial matters under Ark. Code Ann. § 28-65-101 et seq..
Step 1: Determine the Need and Type of Appointment
Assess whether your relative lacks capacity to manage health, housing, or finances. A guardian oversees personal care, medical treatment, and residence. A conservator handles income, assets, and bills. The court may appoint both when necessary.
Step 2: Prepare and File the Petition
File a petition in the county probate court where the proposed ward resides. Arkansas law requires the petition to include:
- The name, date of birth, and residence of the proposed ward.
- A description of his or her incapacity and supporting medical evaluations.
- The names and addresses of close relatives and proposed guardian/conservator.
See filing requirements in Ark. Code Ann. § 28-65-203.
Step 3: Notify Interested Parties
After filing, you must serve notice to the proposed ward, spouse, adult children, parents, and any named beneficiaries. Provide notice at least ten days before the hearing. See Ark. Code Ann. § 28-65-205.
Step 4: Court Investigation and Medical Evaluation
The court appoints an investigator or visitor to interview the proposed ward and family. You must submit a current physician’s report or evaluation describing the ward’s functional limitations.
Step 5: Attend the Court Hearing
At the hearing, the judge examines evidence of incapacity, hears testimony, and considers less restrictive alternatives. The proposed ward has the right to counsel, and any interested party may object.
Step 6: Receive Appointment and Fulfill Ongoing Duties
If the court finds clear and convincing evidence of incapacity, it issues letters of guardianship or conservatorship. These letters authorize you to act on behalf of the ward. You must file annual reports, accountings, and notifications of major decisions with the court under Ark. Code Ann. § 28-65-407.
Helpful Hints
- Gather medical records early to support your petition.
- Consider less restrictive options like powers of attorney.
- Hire a guardian ad litem or attorney to guide you through complex procedures.
- Keep detailed financial records and receipts for court reports.
- Communicate openly with family to reduce conflicts.