All Roll Calls
Yes: 133 • No: 0
ArkansasHB18382025 Regular SessionHouse
TO AMEND THE LAW CONCERNING PROBATE ACTIONS; AND TO AMEND THE LAW CONCERNING ADOPTION AND GUARDIANSHIP.
Sponsored By: Alan Clark (Republican), Carol Dalby (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
13 provisions identified: 3 benefits, 0 costs, 10 mixed.
People facing guardianship gain hearing access
Petitioners or people with physical custody must make reasonable efforts to help wards attend hearings or participate electronically. A ward is the person under guardianship; this protection also covers people facing a proposed guardianship. If the person is absent, the court must ask why. The court can proceed without them only with clear and convincing evidence that participation is unsafe, inappropriate, or impossible.
Stronger proof protects families facing guardianship
Courts need clear and convincing evidence that the person is a minor or incapacitated and needs guardianship to protect their interests. The proposed guardian must also be qualified and suitable. Minority, disappearance, detention, or confinement by a foreign power must be proven with clear and convincing evidence. When guardianship takes away or prevents parental custody, an objecting parent must be proven unfit with clear and convincing evidence. That parental protection does not apply to emergency or temporary guardianships.
Adult guardianships require trained professional reviews
Most adult guardianship hearings require an evaluation by a trained physician, licensed psychologist, or licensed certified social worker. The review covers health, daily functioning, needed help, and less restrictive options. Exceptions cover disappearance, detention, confinement by a foreign power, and specified temporary guardianship cases. If reasonable efforts cannot obtain an evaluation before temporary appointment, the court must immediately order one. The court must hold another temporary hearing as soon as practical, no later than 30 days after the first.
Emergency guardianships face fourteen-day limits
Courts can grant emergency guardianship when an incapacitated person's life, health, or property faces imminent danger. It lasts no more than 14 consecutive calendar days. An emergency order issued without the other parties present must set a review hearing within 14 days. Necessary parties must immediately receive the petition, supporting documents, order, and hearing notice. The review checks the allegations and considers whether to grant temporary guardianship.
Home studies required for adopted children
Some permanent custody and longer-term guardianship appointments for adopted children require a written home study. This applies to unrelated people, people outside the fifth degree of blood relation, and institutions. A licensed certified social worker must conduct the study, which must be filed at least 20 days before the hearing. The requirement does not apply to temporary guardianship and adds a study cost and advance filing step.
New consent rules for adoptive families
Children age 12 or older must give or affirm consent at the adoption hearing. Courts can waive their consent only with clear and convincing evidence that waiver serves the child's best interest. Adults being adopted must consent at the hearing; married adults also need their spouse's written or spoken consent. Courts can waive spousal consent when it is impossible to obtain or unreasonably withheld. The independent legal representation exception now reaches adoption petitioners related within the third degree, instead of the second degree.
Parents lose standby guardian planning option
The law removes the court-appointed standby guardian option for a parent's minor children. That option covered death, mental incapacity, or physical debilitation with parental consent. Parents can nominate a guardian to serve if they die while their child is a minor. A living, fit legal parent gets first consideration. Otherwise, the deceased parent's nominee gets first consideration when the nomination is proven by clear and convincing evidence.
Petitioners and wards bear guardianship costs
Petitioners pay guardianship proceeding costs first; repayment from the ward's estate is possible after appointment but is not guaranteed. If no professional evaluation from the past six months is available, the court must order an independent evaluation. The ward's estate pays for that evaluation if the petition succeeds. If it is denied, the petitioner pays unless the court assigns costs differently for good cause.
State custody guardianships get added oversight
The Department of Human Services can intervene in emergency or temporary guardianship cases involving people in its custody. This includes people on a 72-hour hold when custody is granted to the person seeking guardianship. Courts cannot grant full guardianship of an adult in department custody until the department evaluates the proposed guardian or custodian. That evaluation must follow the required law and department policy.
Temporary guardianships expand with review rights
Courts can consider temporary guardianship after proper notice even without an emergency request. It can last up to 90 days with clear and convincing evidence it is necessary and appropriate, or necessary parties' agreement. For minors, an extension of up to 180 more days requires a merits hearing or agreement before the initial period expires. Petitioners unable to serve necessary parties despite reasonable efforts must keep trying and explain the right to seek review. Parties not timely served can request a hearing as soon as reasonably possible to change, end, or continue the order.
Wards gain review of continuing guardianship
Wards or interested parties can petition to change or end guardianship when capacity improves or full guardianship is unnecessary. After proper notice, the court must hold a hearing and can amend or end the guardianship. Guardianships based only on minority can continue into adulthood after a hearing and clear and convincing proof of the ward's best interest. The Ward's Bill of Rights applies to that hearing. Moving out of Arkansas is no longer a stated ground for court-ordered termination.
Interested parties can request guardianship notices
Required hearing notices go to guardians of the person and estate, plus recipients the court names, unless they appear or waive notice. Government agencies and charities are no longer specifically listed as notice recipients. Interested people and organizations can request notices by contacting the guardian and filing a copy with the county clerk. Requests must include the case name, case number, and an email or mailing address. Unless the court directs otherwise, requesters receive notice of requested hearing types; timely email or regular mail counts.
Guardians face revised financial bond rules
Guardians' bonds now follow the procedures used for estate representatives, and guardianship orders must state any required bond amount. Special bond rules for personal-only guardianships, real property, and certain cash deposits are removed. Qualifying nonresident guardians with a court-filed resident agent no longer face the special bond-waiver bar for guardians not nominated by will. The law does not set a bond amount or guarantee a waiver.
Sponsors & Cosponsors
Sponsors
Alan Clark
Republican • Senate
Carol Dalby
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/9/2025
Senate Vote - Wednesday, April 9, 2025 8:39:07 PM
Yes: 35 • No: 0
House vote • 3/31/2025
House Vote - Monday, March 31, 2025 2:31:05 PM
Yes: 98 • No: 0
Actions Timeline
Notification that HB1838 is now Act 713
4/16/2025HouseCorrectly enrolled and ordered transmitted to the Governor's Office.
4/10/2025HouseTO BE ENROLLED
4/10/2025HouseReturned from the Senate as passed.
4/10/2025HouseReturned to the House as passed.
4/9/2025SenateRead the third time and passed.
4/9/2025SenateReturned by the Committee, with the recommendation that it Do Pass
4/7/2025SenateRead first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE
3/31/2025SenateReceived from the House.
3/31/2025SenateRead the third time and passed and ordered transmitted to the Senate.
3/31/2025HouseReturned by the Committee Do Pass
3/20/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE
3/18/2025HouseFiled
3/18/2025House
Bill Text
HB1838 - Introduced
3/18/2025
Act Version
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