Petition for Appointment of Guardian of the Person and Estate - Arkansas 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the incapacitated person's name, date of birth, sex, and residence address in the designated fields.
  3. In the section regarding incapacity, clearly describe the nature of the incapacity and the purpose for seeking guardianship, referencing Ark. Code Ann. §§ 28-65-101 & 28-65-104.
  4. Provide details about the incapacitated person's property, including approximate value and description, as well as any entitlements like pensions or allowances.
  5. Indicate if there is an existing guardian for the person or estate; if none exists, write 'none.'
  6. Identify a relative or interested party who is legally qualified to serve as guardian and provide their contact information.
  7. List any current wards for whom this individual is already serving as guardian.
  8. Detail the names and relationships of those most closely related to the incapacitated person.
  9. Summarize the proposed ward's alleged disability according to statutory definitions.
  10. Recommend a type of guardianship along with its scope and duration.
  11. Confirm that any relevant facility or agency has been notified about these proceedings.
  12. List others who have knowledge of the proposed ward's disability with their addresses.

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The probate petition typically consists of an application to be officially appointed as the executor, the death certificate, and the original will. A petitioner must ask the probate court to officially be appointed as the executor regardless of whether the decedents will has named them as an executor.
The petition is filed in the circuit court of the county where the ward lives. The ward must be served with the petition, a notice of the hearing, and be informed of his or her rights.
For the purposes of this article, the term respondent means someone for whom a petition for guardianship or conservatorship has been filed and/or is subject to a guardianship or conservatorship order.
Arkansas Legislature has set out two basic types of guardianships: Guardianship of the Person that allows the Guardian to make decisions about where you live and the medical treatment you will receive. Guardianship of the Estate that allows the Guardian to make decisions about and control your finances.

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