Arkansas Guardianship Hearing Checklist: Evaluation, Notice, and What to Bring

Before the Hearing: Evaluation Requirements

For a standard adult guardianship, no Arkansas court will establish a guardianship based on a parent's request or a school's recommendation alone. A professional evaluation under A.C.A. § 28-65-212 is required, and Act 713 of 2025 expanded what it must cover.

The evaluation must be performed by a qualified professional — a licensed physician, psychologist, or social worker — within six months of the hearing date. An evaluation older than six months does not satisfy that requirement, and the court may order an independent evaluation at additional cost.

The evaluator must address four specific domains:

1. Medical and physical condition — current diagnoses, medications, physical limitations
2. Adaptive behavior — the proposed ward's ability to manage activities of daily living (cooking, hygiene, transportation, safety awareness)
3. Cognitive and intellectual functioning — standardized assessments of comprehension, reasoning, and decision-making capacity
4. Less restrictive alternatives — the evaluator must specifically state whether alternatives like powers of attorney or supported decision-making can meet the proposed ward's needs

If the petition is granted, the evaluation cost is paid from the ward's estate. If denied, the petitioner pays. Under § 28-65-212(c)(2), if no current evaluation exists, the court will order an independent one — but arriving with a compliant evaluation avoids the delay and additional expense.

Before the Hearing: Notice Requirements

Arkansas law protects due process with strict notice rules. Failures here are the single most common reason guardianship hearings get postponed:

Personal service on the proposed ward. The proposed ward must receive the petition and a Notice of Hearing (Form 25) by personal service at least 30 days before the hearing date. This means a process server or sheriff physically delivers the documents — mailing alone does not satisfy this requirement for the proposed ward.

Notice to close relatives. The proposed ward's spouse (if married), parents, and adult siblings must each receive notice by certified mail or personal service at least 30 days before the hearing. If any required relative cannot be located after diligent search, ask the court how to document the search and what alternative service, if any, it will permit.

Proof of service. At the hearing, you must present proof that every required party was properly served. This means affidavits of service from the process server and certified mail receipts with return cards. Without these, the judge will likely continue the case to a new date — adding weeks or months to the timeline.

Day-of-Hearing Checklist

Bring the following to the Probate Division courtroom:

Documents:

• [ ] Certified copy of the filed petition (Form 24)
• [ ] Original professional evaluation (within 6 months)
• [ ] All proof of service — affidavits and certified mail receipts
• [ ] Supporting medical records, school evaluations, and IEP documents
• [ ] Proposed order — some judges expect the petitioner to submit a draft Order Appointing Guardian
• [ ] Acceptance of Appointment (Form 28) — ready for signature if the petition is granted
• [ ] Guardian's Bond (Form 27) — if seeking guardian of the estate, have the surety bond arranged or evidence that one can be obtained promptly
• [ ] Photo identification for the proposed guardian

Preparation:

• [ ] Prepare specific examples of the proposed ward's functional limitations — the court needs concrete evidence, not general statements about the diagnosis
• [ ] Know what rights you are asking to have transferred and which ones should be preserved (for limited petitions)
• [ ] Be ready to explain what less restrictive alternatives you considered and why they are insufficient
• [ ] If witnesses will testify (the evaluating professional, a teacher, a therapist), confirm their availability

What Happens at the Hearing

The hearing is conducted before a Circuit Court Judge sitting in the Probate Division. The petitioner presents the case first, establishing the proposed ward's incapacity by clear and convincing evidence — a high standard that requires more than a preponderance but less than beyond a reasonable doubt.

The proposed ward has the right to be present, to testify, to present evidence, to cross-examine witnesses, and to remain silent. If attendance or participation is unsafe, inappropriate, or impossible, the court may proceed only after finding that by clear and convincing evidence. If the proposed ward cannot afford an attorney, the court must appoint independent counsel at the petitioner's expense (or from the ward's estate, depending on indigency).

If the judge finds the standard is met and that no less restrictive alternative can protect the individual, the court signs the Order Appointing Guardian. The proposed guardian must file the Acceptance of Appointment (Form 28) and, if applicable, the Guardian's Bond (Form 27) before the clerk issues Letters of Guardianship (Form 29). The guardian then has 60 days to file the Inventory of Ward's Estate (Form 30) if serving as guardian of the estate.

The Arkansas Adult Guardianship & Alternatives Guide includes a pre-filing checklist, a county fee worksheet, and preparation guides for every form referenced above — designed to ensure nothing is missing when hearing day arrives.

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