# Arkansas HB1838: TO AMEND THE LAW CONCERNING PROBATE ACTIONS; AND TO AMEND THE LAW CONCERNING ADOPTION AND GUARDIANSHIP. Arkansas HB1838, TO AMEND THE LAW CONCERNING PROBATE ACTIONS; AND TO AMEND THE LAW CONCERNING ADOPTION AND GUARDIANSHIP., is a 2025 Regular Session House bill sponsored by Alan Clark (Republican), Carol Dalby (Republican); status enacted, last action 2025-04-16 (Notification that HB1838 is now Act 713) (as of 2026-10-16). - Canonical: https://policyrisk.com/state-bill/AR-HB1838-2025 - As of: 2026-10-16 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Arkansas HB1838 - State: Arkansas - Session: 2025 Regular Session - Title: TO AMEND THE LAW CONCERNING PROBATE ACTIONS; AND TO AMEND THE LAW CONCERNING ADOPTION AND GUARDIANSHIP. - Status: enacted - Chamber: House - Introduced: 2025-03-18 - Last action: 2025-04-16, Notification that HB1838 is now Act 713 - Sponsors: Alan Clark (Republican), Carol Dalby (Republican) - Cosponsors: 0 - Touches household money: no - Roll calls: 2 (133 yes, 0 no in all) - Economic provisions PRIA read: 13 ## Summary No summary available. ## Bill overview: provisions PRIA read - People facing guardianship gain hearing access: benefit, medium. 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 cour… - Stronger proof protects families facing guardianship: benefit, medium. 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 con… - Interested parties can request guardianship notices: benefit, low. 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… - Adult guardianships require trained professional reviews: mixed, medium. 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 powe… - Emergency guardianships face fourteen-day limits: mixed, medium. 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 im… - Home studies required for adopted children: mixed, medium. 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 a… - New consent rules for adoptive families: mixed, medium. 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 spo… - Parents lose standby guardian planning option: mixed, medium. 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… - Petitioners and wards bear guardianship costs: mixed, medium. 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… - State custody guardianships get added oversight: mixed, medium. 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 unt… - Temporary guardianships expand with review rights: mixed, medium. 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… - Wards gain review of continuing guardianship: mixed, medium. 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 heari… - Guardians face revised financial bond rules: mixed, low. 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 resi… ## Sponsors and cosponsors - Sponsor: Alan Clark (Republican), Senate - Sponsor: Carol Dalby (Republican), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-04-09 | Senate | Senate Vote - Wednesday, April 9, 2025 8:39:07 PM | pass | 35 | 0 | | | 2025-03-31 | House | House Vote - Monday, March 31, 2025 2:31:05 PM | pass | 98 | 0 | | ## Actions (13) - 2025-04-16: Notification that HB1838 is now Act 713 (House) - 2025-04-10: Correctly enrolled and ordered transmitted to the Governor's Office. (House) - 2025-04-10: TO BE ENROLLED (House) - 2025-04-10: Returned from the Senate as passed. (House) - 2025-04-09: Returned to the House as passed. (Senate) - 2025-04-09: Read the third time and passed. (Senate) - 2025-04-07: Returned by the Committee, with the recommendation that it Do Pass (Senate) - 2025-03-31: Read first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE (Senate) - 2025-03-31: Received from the House. (Senate) - 2025-03-31: Read the third time and passed and ordered transmitted to the Senate. (House) - 2025-03-20: Returned by the Committee Do Pass (House) - 2025-03-18: Read the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE (House) - 2025-03-18: Filed (House) ## Bill text - HB1838 - Introduced, 2025-03-18: [PDF](https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FBills%2F2025R%2FPublic%2FHB1838.pdf) - Act Version: [PDF](https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=713.pdf&ddBienniumSession=2025%2F2025R) ## Related bills - HB1265: AN ACT FOR THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK APPROPRIATION FOR THE 2025-2026 FISCAL YEAR. (enacted) - HB1237: TO PROHIBIT MEDICAL PROFESSIONALS FROM SOLICITING INJURED INDIVIDUALS; AND TO SET PENALTIES FOR A VIOLATION OF THE PROHIBITION OF SOLICITATION OF INJURED INDIV… (failed) - HB1686: TO AMEND THE LAW CONCERNING LICENSES TO CARRY CONCEALED HANDGUNS. (failed) - SB440: TO AMEND THE LAW CONCERNING EMBALMERS AND FUNERAL DIRECTORS; TO REGULATE THE USE OF ALKALINE HYDROLYSIS; AND TO REGULATE ALKALINE HYDROLYSIS FACILITIES. (failed) - HB1695: TO CLARIFY THE FORECLOSURE PROCESS FOR PROPERTY SUBJECT TO A MUNICIPAL LIEN; TO ALLOW A MUNICIPALITY TO PETITION TO SET ASIDE THE SALE OF PROPERTY TO CERTAIN P… (failed) - HR1012: TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY; TO REQUIRE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES BE SELECTED A… (failed) ## Sources - [HB1838 - Introduced (PDF)](https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FBills%2F2025R%2FPublic%2FHB1838.pdf) - [Act Version (PDF)](https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=713.pdf&ddBienniumSession=2025%2F2025R) ## Related - [HB1265: AN ACT FOR THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK APPROPRIATION FOR THE 2025…](https://policyrisk.com/state-bill/AR-HB1265-2025) - [HB1237: TO PROHIBIT MEDICAL PROFESSIONALS FROM SOLICITING INJURED INDIVIDUALS; AND TO S…](https://policyrisk.com/state-bill/AR-HB1237-2025) - [HB1686: TO AMEND THE LAW CONCERNING LICENSES TO CARRY CONCEALED HANDGUNS.](https://policyrisk.com/state-bill/AR-HB1686-2025) - [SB440: TO AMEND THE LAW CONCERNING EMBALMERS AND FUNERAL DIRECTORS; TO REGULATE THE US…](https://policyrisk.com/state-bill/AR-SB440-2025) - [HB1695: TO CLARIFY THE FORECLOSURE PROCESS FOR PROPERTY SUBJECT TO A MUNICIPAL LIEN; TO…](https://policyrisk.com/state-bill/AR-HB1695-2025) - [HR1012: TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL…](https://policyrisk.com/state-bill/AR-HR1012-2025) - [Arkansas bills](https://policyrisk.com/states/arkansas/bills) - [Arkansas state hub](https://policyrisk.com/states/arkansas) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/AR-HB1838-2025 (as of 2026-10-16).