Arkansas Guardianship Laws After Act 713: Minors and Adults (2026)

In Arkansas, a circuit court may appoint a guardian of the person, a guardian of the estate, or both, for a minor or for an "incapacitated person," and before it does, the court must find by clear and convincing evidence that the proposed ward is a minor or otherwise incapacitated, that a guardianship is necessary to protect the proposed ward's interests, and that the person to be appointed is qualified and suitable (Ark. Code Ann. § 28-65-210). The law is in Title 28, chapter 65 of the Arkansas Code, which covers children and adults in one chapter.

Arkansas does not use a separate "conservator" for property in its guardianship chapter: the property-side role is the guardian of the estate, and the person under guardianship is the "ward." The chapter was substantially rewritten by Act 713 of 2025 (HB 1838), which changed the burden of proof language, emergency guardianships, the rule for a parent who objects to a child's guardianship, parental nominations and restoration, and repealed the former standby-guardian statute. Older summaries that predate Act 713 may describe rules that no longer apply. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arkansas state law on guardianship of minors and adults in Ark. Code Title 28, chapter 65, as amended by Act 713 of 2025, the Ward's Bill of Rights, the narrow statutes that let others act for a child or adult without a guardianship, and the interstate act in Title 28, chapter 74. It does not cover custody disputes between parents (see Arkansas child custody laws), grandparent visitation (see Arkansas grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Arkansas probate), veterans' guardianships, or civil commitment. Guardianships sought for a child who lives in Arkansas and is the subject of an open case under the Arkansas Juvenile Code are filed in that juvenile case (§ 28-65-107(c)), a separate track.

Arkansas guardianship terms and where the law lives

Title 28, chapter 65 sets out the whole process: definitions and general provisions (subchapter 1), appointment (subchapter 2), the guardian's powers and duties (subchapter 3), termination (subchapter 4), small estates (subchapter 5) and the Office of Public Guardian for Adults (subchapter 7). Jurisdiction over guardianship matters belongs to the circuit court, with an exception for a juvenile who is the subject of an open case under the Arkansas Juvenile Code: if the juvenile lives in Arkansas, the guardianship petition must be filed in that case (§ 28-65-107).

The adult definition, as Act 713 of 2025 carried it forward, reads:

"Incapacitated person" means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate.

Ark. Code Ann. § 28-65-101

The definition, now § 28-65-101(7), also includes an endangered or impaired adult in the custody of the Department of Human Services, and provides that a person is not incapacitated "for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment" (§ 28-65-101(7)(B), (C)).

For the chapter, every person under 18 whose disabilities have not been removed is also an incapacitated person, as is a person who has disappeared or is detained by a foreign power, and a person aged 18 to 21 whose guardianship rested solely on minority, who agrees to let it continue, and who receives a guardianship subsidy paid for or approved by the Department of Human Services (§ 28-65-104).

The chapter states its own limits. Guardianship for an incapacitated person shall be "(1) Used only as is necessary to promote and protect the well-being of the person and his or her property; (2) Designed to encourage the development of maximum self-reliance and independence of the person; and (3) Ordered only to the extent necessitated by the person's actual mental, physical, and adoptive limitations" (§ 28-65-105).

How to get guardianship of a child in Arkansas

Any person may file a petition to appoint himself or herself, or another qualified person, as guardian of an incapacitated person, which includes a minor (§ 28-65-205(a)). The petition states, as far as can be ascertained, the matters § 28-65-205(b) lists, including a recommendation proposing the type, scope and duration of the guardianship.

When a parent objects. Act 713 of 2025 replaced the earlier parental-preference text with this rule:

Except in the case of an emergency guardian or temporary guardianship, a guardianship of a minor child that removes custody from a parent or prevents a parent from having custody of the minor child shall not be granted over the objection of the parent unless there is clear and convincing evidence that the parent is unfit to care for the child given the circumstances.

Ark. Code Ann. § 28-65-204(a)

The petitioner also carries the general burden of proving the § 28-65-210 findings by clear and convincing evidence.

Who gets preference. Among those willing to serve, the court appoints "the one most suitable," with due regard to any request in a will or other written instrument by a parent or the child's legal custodian, and to the request of a minor 14 or older (§ 28-65-204(b)).

Notice to the child. If the proposed ward is 14 or older, "there shall be personal service upon him or her if personal service is reasonably possible" (§ 28-65-207). The proposed ward must also be notified of the due-process rights in § 28-65-213, served with the notice of hearing.

Notice to parents. The child's legal parents are among those who must be served with notice of the hearing, if reasonably possible (§ 28-65-207(b)(2)).

Who may serve. A guardian generally must be an Arkansas resident, at least 18 and of sound mind; a nonresident who otherwise qualifies may serve after appointing a resident agent for service of process and filing that appointment with the court (§ 28-65-203(a)(1), (f)). The court may not appoint a person it finds unsuitable, and the section bars certain officials and public-agency employees, among other limits (§ 28-65-203(g)-(i)). A person with an unpardoned felony conviction who discloses it and receives the court's written findings may serve only in limited roles; for a child who is not in a dependency-neglect case, that person may be guardian of the person only if a relative or fictive kin, and may never be guardian of the estate (§ 28-65-203(a)).

The guardianship order. For minor children, the order "may make provisions for visitation and child support as in other cases involving child custody" (§ 28-65-214(f)).

Parents still owe support. The responsibility for a minor's care, maintenance and education rests on the parents or persons in loco parentis, if there are any; in appropriate cases, considering the parent's and the child's resources, the court may in its discretion authorize the guardian of the estate to spend the child's own funds on the child's care (§ 28-65-310(b)).

When it ends. A guardianship based on minority ends when the ward reaches majority, or, if the guardian receives a Department of Human Services guardianship subsidy, when the ward reaches 21 or, at 18 or older, asks to end it (§ 28-65-401). A minor ward's marriage ends a guardianship of the person, but not of the estate except as to the ward's earnings for personal services (§ 28-65-401(a)(3)). The court may continue a guardianship past majority only if it "finds by clear and convincing evidence after a hearing that it is in the best interest of the ward," and the Ward's Bill of Rights applies to that hearing (§ 28-65-401(b)).

A child's money

When a minor's whole estate does not exceed $25,000, the court, "in its discretion, without the appointment of a guardian or the giving of bond," may authorize payment or delivery of the estate to the minor or to a suitable person, institution or agency for the minor, to be used for the minor's benefit as the court directs (§ 28-65-502, as amended by Act 326 of 2023).

Can a parent name a guardian in a will in Arkansas?

A parent may nominate a guardian, and the court must weigh the nomination, but a living fit parent comes first. As rewritten by Act 713 of 2025, § 28-65-222 provides:

(a) A parent of a minor child may nominate a person to be the guardian of the minor child in the event of the death of the parent during the child's minority. (b)(1) If a parent of a minor child has nominated a person to be the guardian of the minor child under subsection (a) of this section but another legal parent is alive and fit, the court shall give the living legal parent first consideration. (2) If subdivision (b)(1) of this section does not apply and the court finds the proof of nomination under subsection (a) of this section to be clear and convincing, the court shall give first consideration of the deceased parent's nomination under subsection (a) of this section.

Ark. Code Ann. § 28-65-222

A nomination is weighed by the court; it is not an appointment that takes effect on its own. Separately, § 28-65-204(b) directs the court to give due regard to a request in a parent's will or other written instrument when choosing the most suitable guardian.

What changed in 2025. The 2021 version of § 28-65-222 (Act 701 of 2021) let a parent appoint a temporary guardian by a notarized writing with sworn witness attestation, for a short temporary guardianship. Act 713 of 2025 struck that machinery and replaced it with the nomination quoted above. Act 713 also repealed § 28-65-221, which had allowed a chronically ill or dying parent, "without surrendering parental rights," to have a standby guardian appointed by the court for the parent's minor children. A parent facing a serious illness now relies on a nomination and, when needed, an ordinary guardianship petition.

Letting someone care for a child without going to court

The Arkansas statutes on this page that let someone other than a parent act for a child without a guardianship are narrow:

• Deployed parents. Under the Uniform Deployed Parents Custody and Visitation Act, "A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently in effect prohibits contact between the child and the other parent" (Ark. Code § 9-21-204).
• Medical consent. Arkansas's medical-consent statute lists, among those who may consent, "Any person standing in loco parentis, whether formally serving or not," and, "During the absence of a parent so authorized and empowered," a maternal grandparent and, if the father is so authorized and empowered, a paternal grandparent, for a minor grandchild (Ark. Code § 20-9-602(5), (9)). The section's other terms govern what treatment the consent covers.

Neither is a guardianship. Any school-enrollment or caregiver rules in other titles, such as the education code, are outside the scope of this page.

How to become guardian of an adult in Arkansas

The petition and notice

Any person may petition (§ 28-65-205(a)). The petition must state, among other items, the respondent's alleged disability, "A recommendation proposing the type, scope, and duration of guardianship," a statement that any facility or agency serving the respondent "will be properly notified of the proceedings," and the names and addresses of likely witnesses who know about the person's disability, property or both (§ 28-65-205(b)).

Section 28-65-207(b) lists who must be served with notice of the hearing "if reasonably possible": the proposed ward if 14 or older (with notice of the due-process rights in § 28-65-213 and, for an adult guardianship, the Ward's Bill of Rights, served with the notice of hearing), the legal parents if the proposed ward is a minor, the spouse, any current guardian or custodian and the director of any agency serving the person, the Department of Human Services when the proposed guardian already serves five or more minor wards, a nearest relative if there is no known parent or spouse, and anyone else the court directs. A proposed ward who is 14 or older must be personally served if personal service is reasonably possible. The same section provides that it is not necessary for the proposed ward to be represented by a guardian ad litem in the proceedings.

Professional evaluation

A professional evaluation must be performed before the hearing on any petition for an adult guardianship, with two exceptions: appointments made because of disappearance, detention or confinement by a foreign power, and a temporary guardianship hearing when the proposed temporary guardian could not obtain the evaluation despite reasonable efforts. In that second case, the court must immediately order an evaluation and set a second temporary hearing with the evaluation "as soon as is practical, but no later than thirty (30) days from the date of the first temporary hearing" (§ 28-65-212(a)). If no evaluation performed within the last six months is available, the court will order an independent evaluation (§ 28-65-212(c)). The evidence of incapacity must include the oral testimony or sworn written statement of one or more qualified professionals (§ 28-65-211(b)).

Rights at the hearing

(a) At any hearing, the ... ward or proposed ward shall have the right to: (1) Be represented by counsel; (2) Present evidence on his or her own behalf; (3) Cross-examine adverse witnesses; (4)(A) Be present. ... and (5) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation.

Ark. Code Ann. § 28-65-213(a)

If the person is not at the hearing, the court must first ask why, and may proceed in the person's absence "only if presented with clear and convincing evidence that it is not safe, appropriate, or possible" for the person to be present or otherwise participate electronically (§ 28-65-213(a)(4)).

What the court must decide

"The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of a proper disposition" (§ 28-65-213(b)). Then:

(c)(1) If the proposed ward is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent. (2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent ward or proposed ward, the court may dismiss the action. (3) If it is found that the respondent ward or proposed ward is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both, shall be appointed.

Ark. Code Ann. § 28-65-213(c)

The order, limited guardianship and who serves

The order must contain findings that the respondent is an incapacitated person in need of a guardian of the person, the estate or both, and "may limit the power and duties of the guardian and may define the legal and civil rights retained by the incapacitated person" (§ 28-65-214(a)). If the court decides the guardianship should be limited, the order must set out the specific powers, authorities and duties the guardian has (§ 28-65-214(d)). The court appoints one or two general or limited guardians, but not more than one guardian of the person unless they are husband and wife (§ 28-65-214(b)).

Before appointing anyone, the court "shall take into consideration any request made by the incapacitated person concerning his or her preference regarding the person to be appointed guardian" (§ 28-65-204(c)). The residence, age and soundness-of-mind requirements in § 28-65-203(a) apply, subject to the nonresident-agent rule in § 28-65-203(f), and a person with an unpardoned felony conviction who meets that section's disclosure and findings conditions may be guardian of the person for an adult but never guardian of the estate.

The state Office of Public Guardian for Adults, within the Department of Human Services, may serve only by its own choice: "A court shall not appoint the Public Guardian for Adults as the guardian of a person or estate unless the Public Guardian for Adults petitions for the guardianship and consents to the appointment" (§ 28-65-703).

What an Arkansas guardian may decide, and what the person keeps

The Ward's Bill of Rights

Act 516 of 2021 created the "Ward's Bill of Rights" in § 28-65-106. A copy must be served on a proposed ward over 18 with the guardianship petition. Its core rule is that "A ward retains all legal and civil rights except those which have been expressly limited by court order or those rights which have been specifically granted by court order to the guardian." Among the rights it lists:

• Contact. "A ward has the right to appropriate communication and visitation with any person of the ward's choice." A guardian may limit or prohibit communication and visitation only if the guardian determines it is necessary to protect the ward and complies with the written-reasons and notice steps the section sets (§ 28-65-106(d)).
• A goal of independence. A guardianship "that encourages the development or maintenance of the independence of the ward with, if possible, the eventual goal of terminating the guardianship," and consideration of the ward's current and previously stated personal preferences (§ 28-65-106(e)).
• A hearing. "A ward or guardian may request at any time a hearing before the court on any particular areas of concern" (§ 28-65-106(g)).

Decisions that need court approval

Section 28-65-302(a)(2) bars a guardian appointed on or after October 1, 2001, from making these decisions without filing a petition and receiving express court approval:

(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Authorize an incapacitated person to vote; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

Ark. Code Ann. § 28-65-302(a)(2)

Voting. Two provisions point in different directions. Section 28-65-302(a)(2)(E) requires court approval before a guardian may "Authorize an incapacitated person to vote," while § 28-65-106 says a ward keeps every legal and civil right not expressly limited by court order or specifically granted to the guardian. The guardianship order, which may define the legal and civil rights the person retains (§ 28-65-214(a)), is where a particular case's treatment of voting appears.

Reports and accounts

"All guardians shall file an annual report with the court." The report covers the person's current mental, physical and social condition, present living arrangements, the need for continued guardianship services, an accounting of the estate if the guardian has that responsibility, and any other information the court requests (§ 28-65-322). Unless the court directs otherwise, a guardian of the estate must also file a written verified account "Annually within sixty (60) days after the anniversary date of his or her appointment" and within 60 days after the guardianship ends; a guardian who files late may be denied compensation for the period of delay (§ 28-65-320(a), (f)).

Bond. Act 713 of 2025 repealed the former $1,000 cap on bonds for guardians of the person. The procedures in § 28-48-201 et seq. for bonds of personal representatives now apply to guardians' bonds (§ 28-65-215), and the guardianship order states "the amount of the bond to be given, if any" (§ 28-65-214(c)).

Emergency and temporary guardianship in Arkansas

Act 713 of 2025 rebuilt the emergency process in § 28-65-218. An emergency guardianship is "a short-term guardianship" granted when there is an imminent danger to the life, health or property of an incapacitated person, and in effect "for no more than fourteen (14) continuous calendar days" (§ 28-65-101).

• The trigger. The court must issue an order appointing an emergency temporary guardian if, on an emergency ex parte motion "accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail," it finds "imminent danger to the life or health of an incapacitated person or of loss, damage, or waste to the property of an incapacitated person and that this requires the immediate appointment of a guardian of his or her person or estate, or both" (§ 28-65-218).
• The review hearing. The ex parte order must include "a date and time certain, not to exceed fourteen (14) days from the date on which the order is entered, for a hearing" (§ 28-65-218).
• Temporary guardianship after the hearing. If the court finds by clear and convincing evidence that a temporary guardianship is necessary and appropriate to protect the ward or the ward's property, it may grant a temporary guardianship "for a period of up to ninety (90) days from the date of the emergency hearing." For an adult, a temporary guardianship may not exceed 90 days. For a minor, before the 90 days run out and "after a hearing on the merits or an agreement by the necessary parties," the court may extend it "for up to an additional one hundred eighty (180) days" (§ 28-65-218).
• Notice. A copy of the emergency petition, its documents and the emergency order must be served immediately on the necessary parties under § 28-65-207 with notice of the review or temporary hearing (§ 28-65-218(a)(1)(B)).
• Other routes. The court may also consider a temporary guardianship at a properly noticed hearing even if no emergency guardianship was requested, or enter one on a written or in-court agreement of the necessary parties; a necessary party who was not timely served may request a review hearing (§ 28-65-218(b), (c)).
• Evaluation. If a temporary guardianship is granted without a professional evaluation, the court must order one and set a second temporary hearing no later than 30 days after the first (§ 28-65-212(a)).

The parental-objection rule in § 28-65-204(a) does not apply to emergency or temporary guardianships.

Ending a guardianship and restoring rights

A guardianship terminates on the ward's death, on an adjudication that the ward is competent, and, for a guardianship based on minority, as described above (a minor ward's marriage ends a guardianship of the person) (§ 28-65-401(a)). The court may also end a guardianship by order, after the notice it requires, if it is "(A) No longer necessary; and (B) No longer in the best interest of the ward" (§ 28-65-401(b)). Act 713 of 2025 replaced the earlier restoration inquiry with a petition and a required hearing:

Upon the petition of the ward or an interested party alleging that the ward is no longer incapacitated or is less incapacitated than would require a full guardianship, the court shall: (1) Conduct a hearing after the petitioner provides proper notice under this chapter to all relevant parties to determine whether the guardianship should be terminated or amended; and (2) Make orders as necessary after the hearing under subdivision (1) is held.

Ark. Code Ann. § 28-65-402

Section 28-65-402 does not itself state a standard of proof for restoration.

Alternatives to guardianship in Arkansas

Less restrictive alternatives. Arkansas's guardianship chapter (Title 28, chapter 65) contains no supported decision-making agreement. What it does contain is the court's duty, once incapacity is found, to determine the feasibility of less restrictive alternatives and its power to dismiss the case when alternatives are feasible and adequate (§ 28-65-213(c)), along with the chapter's direction that guardianship be "Used only as is necessary" (§ 28-65-105).

Powers of attorney. A durable power of attorney or health care power of attorney signed while a person still has capacity may be one of those alternatives. Signing rules are on our Arkansas power of attorney laws page. Free drafting tools are available for an Arkansas power of attorney and an Arkansas advance directive; a tool is not legal advice, and any document must be signed under the Arkansas rules on the power of attorney page.

End-of-life decisions. Arkansas's Rights of the Terminally Ill or Permanently Unconscious Act lets certain people decide, for a patient who has no valid declaration and no designated health-care proxy and whom the attending physician finds no longer able to make health-care decisions, in this order: a legal guardian if one has been appointed, the parents of an unmarried patient under 18, the spouse, an adult child, the parents of a patient over 18, an adult sibling, persons standing in loco parentis, and a majority of the patient's adult heirs at law who participate (Ark. Code § 20-17-214(a)). It applies to the decisions that act covers, not to medical decisions generally.

Federal benefits. The Social Security Administration decides whether representative payment serves a beneficiary and appoints its own payee; a legal guardian is one person it may choose, not an automatic payee (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.

Moving to or from Arkansas with a guardianship

Arkansas has enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as Ark. Code Title 28, chapter 74 (§ 28-74-101). Sections 28-74-301 and 28-74-302 cover transferring a guardianship to and from another state. To register a guardianship from another state: "If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office" (§ 28-74-401).

Recent changes

• Act 713 of 2025 (HB 1838), approved April 16, 2025 and effective August 5, 2025: changed the definitions in § 28-65-101 (adding emergency guardianship), the petition (§ 28-65-205), notice (§ 28-65-207), the findings (§ 28-65-210, which previously read "satisfied" and "desirable"), evaluations (§§ 28-65-211, 28-65-212), hearing rights (§ 28-65-213), bonds (§ 28-65-215), emergency guardianship (§ 28-65-218), the parental-objection rule (§ 28-65-204(a)), parental nominations (§ 28-65-222), termination (§ 28-65-401) and restoration (§ 28-65-402), and repealed the standby-guardian statute (§ 28-65-221).
• Act 326 of 2023 (HB 1448): raised the small-estate limit in § 28-65-502 to $25,000.
• Act 516 of 2021 (HB 1648): created the Ward's Bill of Rights in § 28-65-106.

Arkansas guardianship at a glance

Related Arkansas pages

• Guardianship laws by state
• Arkansas power of attorney laws
• Arkansas child custody laws
• Arkansas grandparents' rights
• Arkansas probate
• Texas guardianship laws

This article provides general legal information about Arkansas guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Arkansas or the circuit court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Arkansas?

Any person may petition the circuit court under Ark. Code § 28-65-205, and the court must find by clear and convincing evidence that a guardianship is necessary to protect the child and that the proposed guardian is qualified and suitable (§ 28-65-210). If a parent objects, a guardianship that removes the parent's custody requires clear and convincing evidence that the parent is unfit, except for an emergency or temporary guardianship (§ 28-65-204(a)).

Does Arkansas still have standby guardianship?

No. Act 713 of 2025 repealed Ark. Code § 28-65-221, the former standby-guardian statute. A parent may instead nominate a guardian to serve if the parent dies during the child's minority, and a living fit legal parent gets first consideration (§ 28-65-222).

Can a parent name a guardian in a will in Arkansas?

The court must give due regard to a request in a parent's will or other written instrument (Ark. Code § 28-65-204(b)), and under § 28-65-222 a parent may nominate a guardian for the event of the parent's death. If the other legal parent is alive and fit, that parent gets first consideration; otherwise the court gives first consideration to the nomination if the proof of it is clear and convincing.

What must be proved to get guardianship of an adult in Arkansas?

The petitioner must prove by clear and convincing evidence that the person is incapacitated, that a guardianship is necessary to protect the person's interests, and that the proposed guardian is qualified and suitable (Ark. Code §§ 28-65-210, 28-65-213(b)). The evidence of incapacity must include testimony or a sworn statement from one or more qualified professionals (§ 28-65-211(b)).

Does the person get a lawyer in an Arkansas guardianship case?

At any hearing the ward or proposed ward has the right to be represented by counsel, present evidence, cross-examine adverse witnesses, be present and subpoena the evaluating professionals (Ark. Code § 28-65-213(a)). Section 28-65-207 states that a guardian ad litem is not necessary.

How long does an emergency guardianship last in Arkansas?

An ex parte emergency order must set a hearing no more than 14 days after it is entered (Ark. Code § 28-65-218). After that hearing, on clear and convincing evidence, the court may grant a temporary guardianship of up to 90 days (it may also consider one at a properly noticed hearing without an emergency order, or enter one on an agreement of the necessary parties); for a minor it may be extended up to an additional 180 days after a hearing on the merits or an agreement of the necessary parties.

Can an Arkansas guardian stop family from visiting?

A ward has the right to appropriate communication and visitation with anyone of the ward's choice. A guardian may limit or prohibit it only after determining that is necessary to protect the ward and following the written-reasons and notice steps in Ark. Code § 28-65-106(d).

Does Arkansas have supported decision-making agreements?

Arkansas's guardianship chapter, Title 28 chapter 65, contains no supported decision-making agreement. It does require the court, after finding incapacity, to determine whether less restrictive alternatives are feasible, and lets the court dismiss the case if they are adequate (Ark. Code § 28-65-213(c)).

How is an Arkansas guardianship ended?

The ward or an interested party may petition, alleging the ward is no longer incapacitated or is less incapacitated than would require a full guardianship, and the court must hold a hearing after proper notice (Ark. Code § 28-65-402). The court may also end a guardianship by order, after the notice it requires, when it is no longer necessary and no longer in the ward's best interest (§ 28-65-401(b)).