Guardian of the Person vs. Guardian of the Estate in Arkansas

Two Distinct Roles Under Arkansas Law

Arkansas law separates guardianship into two distinct functions. A guardian of the person handles physical care, medical consent, housing, and daily welfare decisions. A guardian of the estate handles financial management, property, investments, and contractual obligations.

The Probate Division of the Circuit Court can appoint a single individual to serve in both roles, can appoint different people to each role, or can appoint co-guardians where permitted by law and the court order. For a guardianship of the person, no more than one guardian may be appointed unless the guardians are husband and wife. Understanding the distinction matters because the duties, reporting requirements, and costs are fundamentally different.

Guardian of the Person: Duties and Reporting

A guardian of the person is responsible for the ward's personal wellbeing. This includes:

• Consenting to medical treatment and making healthcare decisions
• Determining where the ward lives
• Arranging education, vocational training, and social services
• Ensuring the ward's basic needs — food, shelter, clothing, personal care — are met
• Advocating for the ward's interests with agencies, schools, and service providers

The primary reporting obligation is the Annual Report of Guardian (Form 32) under A.C.A. § 28-65-322, required of every guardian and filed within 60 days of each appointment anniversary. For a guardian of the person, this report details the ward's current physical, mental, and social condition, their living arrangement, significant medical or educational events, and a formal statement about whether the guardianship remains necessary.

Any bond for a guardian of the person alone may not exceed $1,000, and the court may dispense with it. The reporting burden is lighter — the annual Form 32 focuses on the ward's wellbeing rather than the separate Form 31 financial accounting required when the guardian manages an estate.

Guardian of the Estate: Duties and Reporting

A guardian of the estate manages everything financial. This includes:

• Managing bank accounts, investments, and income sources
• Paying the ward's bills and living expenses
• Protecting the ward's property from waste or exploitation
• Making prudent financial decisions that preserve the ward's assets
• Filing tax returns on behalf of the ward

The reporting obligations are significantly heavier:

Inventory of Ward's Estate (Form 30) — due within 60 days of appointment. This sworn document must list all real property, bank accounts, personal property, and income sources, valued as of the appointment date.

Annual Financial Accounting (Form 31) — due annually, detailing every dollar received, spent, and invested on the ward's behalf, backed by receipts and bank statements. Most counties assess a filing fee for annual accountings (e.g., $50 in Boone County).

Surety bond (Form 27) — the court may require a corporate surety bond for a guardian of the estate, and the order controls the bond amount. Act 326 of 2023 changed bond requirements from mandatory to discretionary. The annual premium (often around $50 per year for $8,000 of coverage) is paid out of the ward's estate. The bond protects the ward against financial mismanagement or fraud.

How to Decide What Your Family Needs

Many families pursuing guardianship for a young adult with a developmental disability need authority over personal and medical decisions — guardian of the person — but do not need estate management authority at all.

If the young adult's only income is SSI or SSDI, a representative payee arrangement through the Social Security Administration manages those benefits without court involvement. The SSA does not recognize court-appointed guardians for the purpose of managing federal benefits; a separate representative payee designation is required regardless of any guardianship order.

This means a family can petition for guardian of the person only, handle benefits through the representative payee system, and avoid the estate-specific bond, inventory filings, and annual financial accountings that come with guardianship of the estate.

If the young adult owns property, has an inheritance, or holds assets beyond government benefits, guardian of the estate (or a co-existing arrangement like a durable financial power of attorney for simpler situations) may be necessary.

The Arkansas Adult Guardianship & Alternatives Guide includes a comparison chart mapping each scenario — person only, estate only, both, or alternatives — to the specific duties, costs, and reporting requirements under current Arkansas law.

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