Title 28, — Appendix Administrative Order Number 12 — Official Probate Forms

(1) 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 t…

(a) (1) This section is intended to create the “Ward's Bill of Rights” and to improve the process for emergency guardianships and other actions or processes related to guardianships in this state.(2) As used in this section, “ward” means an adult for whom a guardian has been appo…

(a) The jurisdiction of the circuit court over all matters of guardianship, other than guardianships ad litem in other courts, shall be exclusive, subject to the right of appeal. (b) The provisions of this chapter shall not affect the jurisdiction of any court authorized to remov…

(a) A guardian shall be allowed such compensation for his or her services as guardian as the court shall deem just and reasonable. (b) If the court finds that the guardian has failed to discharge his or her duties as such in any respect, it may deny him or her any compensation wh…

An action by a ward against his or her guardian for a settlement of his or her accounts, for additional security, or for his or her removal, shall be brought in the court that has jurisdiction over the relevant guardianship case.

(a) Except for the fees and costs accrued by the estate of the ward in a court-approved guardianship, attorney's fees or costs, or both, may be awarded by the court in guardianship matters only in the following instances and upon reasonable notice and an opportunity to be heard:(…

(a) A guardian of the estate may be appointed for any incapacitated person. (b) A guardian of the person may be appointed for any incapacitated person except a married minor who is incapacitated solely by reason of his or her minority.

(a) The venue for the appointment of a guardian shall be:(1) In the county of this state which is the domicile of the incapacitated person;(2) If the incapacitated person is not domiciled in this state, but resides in this state, then in the county of his or her residence; or(3) …

(a) (1) A natural person is qualified to be appointed guardian of the person and of the estate of an incapacitated person if he or she is:(A) A resident of this state;(B) At least eighteen (18) years of age;(C) Of sound mind; and(D) Subject to the limitations in subdivision (a)(2…

(a) Except in the case of an emergency guardianship 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 clea…

(a) Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian of an incapacitated person. (b) The petition shall state, insofar as can be ascertained:(1) The name, age, residence, and address of the incapacitated person;(2…

When an application is made for the appointment of a guardian for two (2) or more incapacitated persons who are children of a common parent, or are parent and child or are husband and wife, the guardianship of all may be considered as one (1) proceeding except that the guardian s…

(a) Notice of the hearing for the appointment of a guardian need not be given to any person:(1) Who has signed the petition;(2) Who has in writing waived notice of the hearing, except the proposed ward may not waive notice;(3) Who actually appears at the hearing;(4) Whose existen…

(1) Whenever notice of a hearing in a guardianship proceeding is required, the notice shall be served upon the following who do not appear or in writing waive notice of hearing:(1) The guardian of the person;(2) The guardian of the estate; and(3) Any other person or entity whom t…

(a) (1) Any person or organization with an interest in a guardianship proceeding may send a request to the guardian and file a copy of the request with the county clerk under the proper case name and case number to be notified of hearings in any guardianship matter.(2) The notice…

(1) Before appointing a guardian, the court shall find by clear and convincing evidence that:(1) The proposed ward is either a minor or otherwise incapacitated;(2) A guardianship is necessary to protect the interests of the proposed ward; and(3) The person to be appointed guardia…

(a) The fact of minority, disappearance, detention, or confinement by a foreign power shall be established by clear and convincing evidence. (b) (1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than disappearance, detenti…

(a) (1) A professional evaluation shall be performed prior to the court hearing on any petition for an adult guardianship except when appointment is being made:(A) Because of disappearance, detention, or confinement by a foreign power; or(B) (i) In a temporary guardianship hearin…

(a) At any hearing, the respondent 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.(B) (i) The petitioner or person with physical custody of the respon…

(a) A court order establishing a guardianship shall contain findings of fact that the respondent is an incapacitated person and is in need of a guardian for the person or estate, or both. The order may limit the power and duties of the guardian and may define the legal and civil …

The procedures described in § 28-48-201 et seq., with respect to the bonds of personal representatives, shall be applicable to the bonds of guardians.

(a) When a guardian has given such bond as may be required and the bond has been approved, as provided by § 28-48-205, or if no bond is required and the guardian has filed his or her written acceptance of his or her appointment, letters of guardianship under the seal of the court…

(a) Letters of guardianship shall be in substantially the following form: In the Circuit Court of . . . . . . . . . . . . . . County, Arkansas. In the Matter of CD, an Incapacitated Person (a Minor) No. . . . . . . . . . . . . . . LETTERS OF GUARDIANSHIP Be it known that AB, whos…

(a) (1) (A) If upon presentation of an emergency ex parte motion accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail the court finds that there is imminent danger to the life or health of an incapacitated person or of loss, damage,…

(a) When a minor ward has attained fourteen (14) years of age, his or her guardian may be removed on petition of the ward to have another person appointed guardian if the court is satisfied that the person chosen is suitable, qualified, and competent and that it is for the best i…

When a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court may appoint another guardian in his or her place in the same manner and subject to the same requirements as are provided in this chapter for an original appo…

(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…

(a) (1) It shall be the duty of the guardian of the person, consistent with and out of the resources of the ward's estate, to care for and maintain the ward and, if he or she is a minor, to see that he or she is protected, properly trained and educated, and that he or she has the…

(a) (1) No guardian appointed prior to October 1, 2001, shall make any of the following 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 organ…

(a) (1) If the ward is incapacitated for reasons other than minority and has not been committed to the state hospital as otherwise provided by law, the court, upon petition of the guardian of the person or other interested person and after such notice as the court shall direct, i…

The guardian of the estate shall take possession of all of the ward's real and personal property, and of rents, income, issue, and of the proceeds arising from the sale, mortgage, lease, or exchange thereof. Subject to the possession, the title to all the estate and to the increm…

(a) When there is a guardian of the estate, all actions between the ward or the guardian and third persons in which it is sought to charge or to benefit the estate of the ward shall be prosecuted by or against the guardian of the estate as guardian, and the guardian shall represe…

(a) When, prior to his or her incapacity, an incapacitated person has entered into a valid contract for the purchase or sale of any interest in real or personal property, including the sale or relinquishment of a dower or homestead interest, and the contract has not been performe…

(a) If, at the time of the appointment of a guardian of the estate, the ward owns a business or an interest in a business, the court, by appropriate order, may authorize the guardian to continue the conduct of or participation in such a business in behalf of the ward for such per…

(a) Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to borrow money, to execute notes and other legal evidences of indebtedness, and to mortgage property of the ward in accordance with the provisions of …

(a) The guardian of the estate, or any person, department, bureau, agency, or charitable organization having the care and custody of a ward may apply to the court for an order directing the guardian of the estate to pay to the person, department, bureau, agency, or charitable org…

(a) The support of their unmarried minor children is chargeable jointly and severally upon the property of the husband and the property of the wife, and in the relation thereto, they may be sued either jointly or severally. (b) Although the responsibility for the care, maintenanc…

(a) The guardian of the estate may, and when ordered by the court shall, deposit as a fiduciary, the funds of the ward in a financial institution of this state, as a general deposit, either in a checking account or a savings account. (b) The guardian shall invest the funds of the…

(a) If it is in the best interest of the ward or his or her estate, the court may order the guardian of the estate to retain any property belonging to the ward which may come into the hands of the guardian otherwise than by purchase by the guardian, whether or not the property is…

(a) The court may authorize the purchase of real property in this state for use by the ward as a home or, unless he or she is an unmarried minor, as a home for his or her dependent family. (b) The purchase shall be made only upon order of the court after notice to the ward if he …

(a) (1) The real or personal property of the ward not excluding real property in which a minor or mentally incompetent ward has a vested homestead interest, or any part thereof or interest therein, may be sold, conveyed, released, mortgaged, leased, or exchanged or an easement th…

(a) (1) The guardian of the estate of an incompetent who owns land situated in this state or an interest therein or who owns an interest in oil, gas, or other minerals in or under land situated in this state or in an oil, gas, or other mineral lease on the land on such terms as t…

Upon petition of the guardian of the estate and after notice to such persons, if any, as the court may direct, the court may authorize the guardian of the estate of an incapacitated person in behalf of his or her ward to enter into transactions and to execute all instruments nece…

(a) (1) A guardian of the estate is under a duty to pay from the estate all just claims against the estate of his or her ward, whether they constitute liabilities of the ward which arose prior to the guardianship or liabilities properly incurred by the guardian for the benefit of…

(a) On petition of the guardian of the estate, the court, if satisfied that the action would be in the interest of the ward and his or her estate, may make an order authorizing the settlement or compromise of any claim by or against the ward or his or her estate, whether arising …

(a) (1) The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney's fee, which shall be allowed as an item of the expense of administration.(2) If the guardian is an attorney and has performed necessary legal…