Guardianship and conservatorship in Arkansas: who, where, cost

How a court can name a guardian or conservator in Arkansas, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian of the person, guardian of the estate, or both; limited guardian; emergency guardian; temporary guardian.

Court: Circuit court (probate).

What guardianship or conservatorship is

What it is called

Guardian of the person, guardian of the estate, or both; limited guardian; emergency guardian; temporary guardian

When a court may appoint one

Before appointing a guardian, the court must find by clear and convincing evidence that the proposed ward is incapacitated, that a guardianship is necessary to protect the person's interests, and that the proposed guardian is qualified and suitable. Evidence of incapacity must include testimony or a sworn statement from one or more qualified professionals. An 'incapacitated person' lacks sufficient understanding or capacity to make or communicate decisions to meet essential requirements for health or safety or to manage their estate. The law defines the 'least restrictive alternative' as the form of help that least interferes with the person's legal capacity.

Law: Ark. Code 28-65-101, 28-65-210, 28-65-211

Kinds

Guardian of the person, the estate, or both
Limited guardian (only the powers in the order)
Emergency guardianship (no more than 14 days, ex parte, when there is imminent danger)
Temporary guardianship (for an adult, up to 90 days)

Law: Ark. Code 28-65-101, 28-65-210, 28-65-211, 28-65-218 (as amended by Act 713 of 2025)

Who can ask, which court and your own choice

Court

Circuit court (probate).

Choosing your own

You can nominate a guardian of your estate or person in a power of attorney; the court follows your most recent nomination except for good cause or disqualification. An advance directive may also nominate a guardian.

Law: Ark. Code 28-68-108; Ark. Code 20-6-103

Effect on a power of attorney

If a guardian of your estate is appointed, your power of attorney continues and the agent is accountable to the guardian as well as to you, unless the court limits, suspends or terminates it. A guardian must follow your health care instructions and may not revoke your advance directive without a court order.

Law: Ark. Code 28-68-108; Ark. Code 20-6-107

Other options and where to report abuse

Less restrictive options

Power of attorney: An agent handles money and property under a document you sign while able.
Advance directive and health care surrogate: An agent you name, or a surrogate identified by your provider, makes health care decisions without a court.

Report abuse or exploitation

Arkansas Department of Human Services - Adult Maltreatment Hotline (Adult Protective Services) · 1-800-482-8049

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in Arkansas

Report abuse or exploitation

Arkansas Department of Human Services - Adult Maltreatment Hotline (Adult Protective Services) · 1-800-482-8049

Questions about powers of attorney in Arkansas

How does guardianship or conservatorship work in Arkansas?

What are the alternatives to guardianship in Arkansas?

Power of attorney; Advance directive and health care surrogate.

More for Arkansas

Federal rules everywhere

These rules come from federal law and apply in every state.

Social Security and SSI — A power of attorney does not let the agent handle someone's Social Security or SSI payments. The Treasury Department does not recognize a power of attorney for federal payments. More →
Law: SSA POMS GN 00502.139 (A.6, B.5)
VA benefits — If a veteran or other VA beneficiary cannot manage VA benefits, VA appoints a fiduciary. VA decides that a person cannot manage their financial affairs only after it receives medical evidence or after a court has already decided this. More →
Taxes (IRS) — To let someone represent you before the IRS, use Form 2848. The person must be eligible to practice before the IRS; this includes certain family members: a spouse, parent, child, brother, sister, grandparent, grandchild, step-parent, step-child, step-brother or step-sister.
Law: IRS, Instructions for Form 2848 (Rev. Sept. 2021); Form 2848 (Rev. Jan. 2021)
Medicare and health privacy — 1-800-MEDICARE can share a person's information with you only with that person's written permission on Form CMS-10106 (online through their Medicare.gov account, or by mail). If you sign as a personal representative, attach a copy of the paper that shows you can act for the person, such as a power of attorney.
Law: CMS, Form CMS-10106 (03/2026)
Hospitals and your directive — Hospitals, nursing homes, home health agencies and hospice programs that take Medicare or Medicaid, and Medicare and Medicaid health plans, must give adult patients written information about their rights under state law to accept or refuse treatment and to make advance directives. More →
Law: 42 U.S.C. 1395cc(f) (Patient Self-Determination Act); 42 U.S.C. 1396a(w) (Medicaid)
Military — A military power of attorney, notarized under federal military notary law or other state or federal law, does not have to meet any state's form, signing or recording rules.
Law: 10 U.S.C. 1044b
If you are an agent — An agent is a fiduciary. The federal consumer agency (CFPB) describes four basic duties. Your state law and the document itself may add more. More →
Report exploitation — Adult protective services agencies receive and investigate reports of suspected abuse, neglect or financial exploitation of older adults and adults with disabilities. You can also call the police or sheriff.