Filing Guardianship Without a Lawyer in Arkansas: Pro Se Guide

You Can File Pro Se — But Know the Risks

Arkansas does not require an attorney to file a guardianship petition. Any interested person can file pro se (self-represented) in the Probate Division of the Circuit Court. The statewide filing fee is $165, and the Administrative Office of the Courts (AOC) provides standardized forms on the AOC Probate Forms Portal.

That said, pro se filing works well only in specific circumstances: uncontested petitions where no family member objects, no substantial assets require estate management, and the proposed ward's incapacity is well-documented. When any of those conditions is absent, the complexity escalates fast.

Step-by-Step Pro Se Filing Process

Obtain the forms. Download the current versions from the AOC portal. The essential forms for filing include:

• Form 24: Petition for Appointment of Guardian
• Form 25: Notice of Hearing for Appointment
• Form 27: Guardian's Bond (if seeking guardian of the estate)
• Form 28: Acceptance of Appointment as Guardian

Always verify you have the current version — outdated forms may lack required language under Act 713 of 2025.

Complete the petition (Form 24). The petition must include the proposed ward's biographical information, names and addresses of close relatives, the specific nature and degree of the alleged incapacity, and — if seeking guardian of the estate — a detailed description of the ward's assets. The petition must be verified (signed under oath).

Obtain the professional evaluation. For a standard adult guardianship, A.C.A. § 28-65-212 requires a professional evaluation; no guardianship can be established based on a parental request alone. A qualified professional (physician, psychologist, or social worker) must assess the proposed ward's medical condition, adaptive behavior, cognitive functioning, and whether less restrictive alternatives exist. The evaluation must be completed within six months of the hearing date. Section 28-65-218 provides exceptions for emergency and temporary proceedings.

File the petition. Take the verified petition, the professional evaluation, and the $165 filing fee to the Circuit Clerk's office in the county where the proposed ward is domiciled. Some counties accept electronic filing through the Contexte system, but pro se filers typically must file in person. Ask whether the county requires paper copies in triplicate.

Serve notice. The proposed ward must be personally served with the petition and a Notice of Hearing (Form 25) at least 30 days before the hearing. Certified mail or personal service is required for close relatives — spouse, parents, and adult siblings. Improper service is the most common reason pro se petitions get delayed or dismissed.

Attend the hearing. You must present evidence of incapacity by the clear-and-convincing standard. Bring the professional evaluation, any supporting medical records, and be prepared to describe specific functional limitations. The proposed ward has the right to attend, to present evidence, and to have independent counsel — the court will appoint one if needed.

When You Should Not File Pro Se

Contested petitions. If any family member, co-parent, or the proposed ward objects to the guardianship or disputes who should be appointed, the hearing becomes adversarial litigation. Evidentiary rules, cross-examination, and burden of proof standards require legal training to navigate effectively.

Substantial estates. If the proposed ward owns real estate, complex investments, or significant personal property, the guardian of the estate faces fiduciary liability for financial losses. Managing surety bonds, inventories, and annual accountings under court supervision requires legal guidance to avoid personal liability.

Special needs trust coordination. If the ward has or will receive assets that must be structured into a special needs trust under A.C.A. § 28-73-818 to preserve Medicaid eligibility, the trust language must comply with specific statutory requirements. DIY trust documents frequently fail to include the required provisions.

Emergency filings. Emergency guardianship under Act 713 involves ex parte motions, an emergency review within 14 days, and a temporary-guardianship period of up to 90 days — the timeline does not accommodate self-represented filers learning the process as they go.

How to Prepare Before Filing

The strongest pro se petitions are the ones where the family has done thorough preparation before walking into the courthouse. That means:

• A current professional evaluation addressing all four statutory domains
• Organized documentation of the proposed ward's functional limitations and daily support needs
• A clear statement of which rights need to be delegated and which should be preserved (limited vs. plenary)
• Evidence that less restrictive alternatives were considered and found insufficient

The Arkansas Adult Guardianship & Alternatives Guide provides fillable preparation worksheets covering petition requirements, evaluation checklists, and a county-specific fee guide — designed to get a pro se petitioner through the process with the same level of preparation an attorney's office would provide.

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