A Comprehensive Guide to Legal Guardianship Forms in Arkansas

Deciphering Legal Guardianship in Arkansas

Legal guardianship is particularly significant in the state of Arkansas, where it is vital for managing the welfare of children who are being entrusted to someone other than their parents. It is also essential for handling the affairs of adults who have become incapacitated due to age, health or injury.
Legal guardianship is a legal process through which a person is given the right to make decisions on behalf of another person. Whereas surrogate decision-making may be used by some to illustrate the legal authority for a guardian, and is a similarly legal process, those subject to such decisions may retain their rights . Legal guardianship grants the guardian not only authority, but also responsibility—to care for the wellbeing of the subject in a similar way to that of a parent.
While surrogate decision-making gives a limited amount of rights to a mediator for the purpose of assisting the subject, the situation is entirely different for legal guardianship. Guardianship is considered under family law, as the subject is essentially a member of the household for the purposes of protection and care. Guardianship authority over a person may be either temporary or permanent (or indefinite), but all situations confer responsibility on behalf of the subject. While guardianship is often assumed by a spouse or parent, it is normally assumed by an individual with a close relationship to the subject.

When Legal Guardianship Becomes a Requirement

In Arkansas, legal guardianship may be necessary under several different circumstances. To clarify, a "guardianship" is a legal relationship in which a person (the guardian) and a person (the ward) are appointed by the Probate Court — or via a Last Will and Testament — to administer the affairs of the ward.
A legal guardianship is necessary for minors with no surviving parent or legal guardian. If an Arkansas resident finds himself or herself in this situation, the circumstances also require that a legal dependency and neglect ("D & N") proceeding has already occurred. During such a proceeding, the court will decide the custodial arrangement for the child. In most situations, the custodial arrangement will be temporary and is subject to recurring review. The D & N proceeding can occur upon a petition filed by a person or by Arkansas’s Division of Children and Family Services (DFCS).
There are three types of legal guardianships available for children under Arkansas law: (1) limited guardianship; (2) temporary guardianship; or (3) permanency of custody. The court will decide which legal guardianship approach is the best option.
Legal guardianships are also necessary for incapacitated adults. An Arkansas Probate Court may appoint a legal guardian for a person who is found to be incapacitated. An "incapacitated individual" is defined as a person whose mental or physical limitations restrict their ability to provide for necessities of life or to communicate effectively. Incapacity can include, but is not limited to, an impairment in the ability to receive or evaluate information or make or communicate decisions, or self-preservation.
An Arkansas Probate Court may appoint a temporary guardian on an emergency basis — prior to the filing of a Petition or the appearance at a hearing. The appointment of a temporary guardian will terminate if a regular petition for guardianship is not filed or a hearing held.
There are two legal guardianship forms available in Arkansas: standard and optional. The standard legal guardianship form is provided by Tribal, Federal, or State law. On the other hand, the optional legal guardianship form is not provided by Tribal, Federal, or State law. However, it can be used to create a legal guardianship upon the signature of a legally competent adult. Typically, the optional form is used in conjunction with a Last Will and Testament. Failure to set forth the legal guardianship on a Last Will and Testament will result in the statutory provisions applying.

Various Types of Guardianship

There are a number of different types of guardianship available in Arkansas under the Arkansas Probate Code. Guardianship can be established for a minor child or an incapacitated adult ("the ward"). When a person becomes 18 years of age, there are a set of statutory requirements to become an adult from a legal perspective. This is true even though most 18 year olds are considered to be juveniles in terms of maturity and skill.
If a person who is an adult lacks cognitive abilities to manage his or her person and property, a guardian may be appointed by the Court. Under the Code, "Incapacitated Person" means a person who is impaired by reason of mental or physical disabilities or advanced age so as to lack sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person, property, or financial affairs.
There are also temporary guardianship when the need for a guardian is not permanent. An example would be if a person is in bad health with no way to pay for medical items, the Court may appoint a Temporary Guardian until the situation remedies itself. Temporary Guardianship can also last for up to 60 days.
There is also a Temporary Letter of Guardianship (Form GC-121) that is used in cases of death of a spouse or parent. The letter is provided by the Court or Clerk of the Court until the case is heard.

Instructions for Completing Guardianship Forms

How to Fill Out the Legal Guardianship Forms in Arkansas
When filling out legal guardianship forms, you want to be as detailed as possible. The most common mistake people make is not being thorough. You need to fill out all the information required and make sure no blanks are left without explanation. You will need to sign and date all documents and get them notorized. You have to complete all the required actions in accordance with AR Code § 9-27-505 as well as chapter 9 of the Arkansas Probate Code.
The first 3 forms you will need to fill out are the General Fact Information Sheet about the incapacitated adult, the Petition for Guardianship for an Adult, and Declaration of Guardian FORM CCPG-867. These forms are general information forms telling the court about the parties involved and some details about the individual in question. These are required. You can view the online forms here.
Next, you will need to fill out the Guardian’s Financial Plan FORM CCPG-869. This form lets the court know all the assets of the incapacitated individual and the financial obligations they have. You will also need to fill out an Inventory FORM CCPG-868 that gives details on the assets of the person and where they are located. Both the Guardian’s Financial Plan and the Inventory Forms should be completed by the attorney. You should make sure the assets listed in the forms are correct and up to date by contacting the individual’s financial institutions and verifying the information provided. The Verified Statement of Guardian on this form should be signed in front of a Notary Public. If you have trouble understanding any of these terms used in these forms you should consult with an attorney.
Finally, you will need one more fact information sheet for the persons who has passed away. There is only one form of this type and it is the Supplemental Fact Information Sheet FORM CCPG-862.

Filing the Forms and Related Legal Matters

Once the appropriate forms have been completed, they must be filed with the court. In Arkansas, the forms are filed at the local Circuit Court. If a Petition for Guardianship has been filed, the clerk will set a hearing date on the petition. A copy of the order setting the hearing must be served upon the person alleged to be incapacitated at least 20 days before the hearing is held . The proposed guardian is responsible for serving the alleged incapacitated person. If the proposed guardianship is over the property of an incapacitated person, the incapacitated person must also receive notice of the Petition and hearing by certified mail to the last known address of the alleged incapacitated person, regardless of whether or not the person appears at the hearing.

Fees and Costs for Legal Guardianship

Filing for an emergency guardianship typically comes with less expense than a normal guardianship. An emergency Guardianship ensures that the individual undergoing guardianship is helped right away with their most pressing needs. A petition for emergency guardianship must be filed with the Probate Court, along with the summons that is issued to notify the individual who will be named as guardian. These are two separate fees.
In order to file a Petition for Guardianship in Arkansas, you must pay several fees: These fees may vary by county; therefore the court clerk should provide you with the exact amount. It is important to note however that the costs of guardianship are subject to change. There may be additional fees for bond and other paperwork fees within the court. The court may also charge additional fees for publication in the newspaper and filing documents into the court. Overall the fees to oversee a guardianship are potentially significant.
For adult guardianships, the Guardian fee is equal to 5% of the expenses incurred while safeguarding the estate of the ward. A 5% Commission Fee is assessed as well as a $120.00 Closing Fee. This means that Guardians will be expected to account for all of their transactions. A complete accounting of all assets and receipts is usually required by the end of the guardianship.

Legal Help and Guidance

In Arkansas, legal guardianship forms are primarily found at the local level, typically through your county’s circuit clerk office. In larger counties, there may be designated staff members to assist with these petitions, but many counties provide very limited assistance in these matters. You can always visit your circuit clerk’s office or call ahead to see if they have a guardianship packet available or if you can have one mailed to you. Certain counties may also carry packets of information on guardianship forms, or provide information online regarding the process . However, be sure not to rely solely on these as resources, as many forms may be missing from your packet.
You may also wish to contact a legal aid organization, such as the Arkansas Legal Services Partnership, where you can ask for legal advice or help for more complicated guardianship matters involving other issues, such as Medicare or Medicaid planning. These options are generally for low-income or lower-income people who cannot afford a lawyer, and are available throughout much of the state of Arkansas.