PETITION FOR APPOINTMENT OF GUARDIAN

Probate Division ‒ Circuit Court of [COUNTY] County, Arkansas

Docket No.: _______

In the Matter of the Guardianship of
[WARD FULL LEGAL NAME],
[A Minor / An Incapacitated Adult],
DOB: [MM/DD/YYYY]

Petitioner(s):
[PETITIONER FULL LEGAL NAME(S)]
[ADDRESS] | [PHONE] | [EMAIL]

Effective Date of Petition: [DATE]

TABLE OF CONTENTS

1. Article I Definitions
2. Article II Jurisdiction and Venue
3. Article III Parties
4. Article IV Background and Statutory Authority
5. Article V Representations & Warranties of Petitioner
6. Article VI Guardianship Standards & Requested Powers
7. Article VII Bond, Indemnification & Liability Cap
8. Article VIII Reporting & Compliance Requirements
9. Article IX Injunctive & Protective Relief
10. Article X Prayer for Relief
11. Article XI General Provisions
12. Article XII Execution Block
13. Verification
14. Certificate of Service

[// GUIDANCE: Tailor bracketed placeholders before filing. Cross-check all statutory references against current Arkansas Code Title 28, Chapter 65.]

ARTICLE I

DEFINITIONS

For purposes of this Petition, the following terms shall have the meanings set forth below:

1. “Arkansas Guardianship Code” means Ark. Code Ann. §§ 28-65-101 et seq.
2. “Court” means the Probate Division of the Circuit Court of [COUNTY] County, Arkansas.
3. “Guardian” means the individual(s) appointed by the Court to act for the Ward pursuant to Ark. Code Ann. § 28-65-203.
4. “Minor” means an individual under eighteen (18) years of age as defined in Ark. Code Ann. § 28-65-101(3).
5. “Petitioner” means the undersigned individual(s) seeking appointment as Guardian.
6. “Reporting Requirements” means the annual accountings, inventories, and status reports mandated by Ark. Code Ann. §§ 28-65-304, -311, and any local court rules.
7. “Ward” means the person for whom a guardianship is sought.

ARTICLE II

JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under Ark. Code Ann. § 28-65-107.
2.2 Venue is proper in [COUNTY] County because the Ward (a) resides in, or (b) is present in, or (c) owns property in this county.
2.3 No prior petition concerning the guardianship of the Ward is pending in any other jurisdiction.

ARTICLE III

PARTIES

3.1 Petitioner(s): [NAME(S)], age [AGE], relationship to Ward: [RELATIONSHIP].
3.2 Ward: [NAME], age [AGE], residency address: [ADDRESS].
3.3 Interested Parties:
 a. [PARENT/RELATIVE #1], address: __;
 b. [PARENT/RELATIVE #2], address: __;
 c. [OTHER STATUTORILY REQUIRED NOTIFIED INDIVIDUALS].

[// GUIDANCE: List all persons entitled to notice under Ark. Code Ann. § 28-65-207.]

ARTICLE IV

BACKGROUND AND STATUTORY AUTHORITY

4.1 Grounds for Guardianship. The Ward is a [MINOR / PERSON INCAPACITATED BY ______] and, pursuant to Ark. Code Ann. § 28-65-206, requires a Guardian of the [PERSON / ESTATE / BOTH].
4.2 Parental Status. The parental rights of the Ward’s parents are [intact / terminated / consent to this guardianship], as evidenced by the attached [CONSENTS / ORDERS] (Exhibit A).
4.3 Best Interest. Appointment of Petitioner as Guardian is in the Ward’s best interest, satisfying the statutory priority scheme under Ark. Code Ann. § 28-65-204.

ARTICLE V

REPRESENTATIONS & WARRANTIES OF PETITIONER

Petitioner represents, warrants, and certifies to the Court that:

5.1 Petitioner is at least eighteen (18) years old, of sound mind, and has no felony convictions involving moral turpitude.
5.2 Petitioner has reviewed and will comply with all fiduciary duties imposed by the Arkansas Guardianship Code and applicable court rules.
5.3 All statements in this Petition and attached exhibits are true and correct to the best of Petitioner’s knowledge, information, and belief, formed after reasonable inquiry.
5.4 Petitioner is not aware of any conflict of interest that would disqualify him/her from serving.

ARTICLE VI

GUARDIANSHIP STANDARDS & REQUESTED POWERS

6.1 Type of Guardianship Requested:
 a. ☐ Guardian of the Person
 b. ☐ Guardian of the Estate
 c. ☐ Guardian of the Person and Estate

6.2 Specific Powers Sought (check all that apply):
 • Authority to make medical decisions.
 • Authority to determine residence within Arkansas.
 • Authority to manage, invest, and disburse the Ward’s assets not exceeding $[AMOUNT] annually without further court order.
 • Other: ______.

6.3 Limited Guardianship Option. If the Court deems a limited guardianship appropriate, Petitioner requests only those powers checked above and consents to any further limitations the Court imposes.

ARTICLE VII

BOND, INDEMNIFICATION & LIABILITY CAP

7.1 Bond Requirement. Petitioner proposes posting a bond in the initial penal sum of $[AMOUNT] in accordance with Ark. Code Ann. § 28-65-210.
7.2 Source of Bond Premium. Premiums shall be paid from the Ward’s estate unless otherwise ordered.
7.3 Liability Cap. Consistent with Ark. Code Ann. § 28-65-323, Petitioner’s personal liability shall not exceed the penal sum of the bond for acts performed in good faith.
7.4 Indemnification. Petitioner requests indemnification, from the Ward’s estate, against claims arising from acts or omissions performed (i) within the scope of the guardianship, (ii) in good faith, and (iii) with ordinary prudence.

[// GUIDANCE: Court approval of indemnification is discretionary. Provide justification when high-value assets are involved.]

ARTICLE VIII

REPORTING & COMPLIANCE REQUIREMENTS

8.1 Initial Inventory. Petitioner shall file an inventory of the Ward’s assets within sixty (60) days of appointment.
8.2 Annual Accounting. Petitioner shall file a verified annual accounting and status report on or before [DATE] of each calendar year per Ark. Code Ann. § 28-65-311.
8.3 Compliance Audits. Petitioner consents to periodic audits by the Probate Clerk and to produce records within ten (10) days of written request.
8.4 Education Requirement. Petitioner shall complete any guardianship training program mandated by local rule within ninety (90) days of appointment.

ARTICLE IX

INJUNCTIVE & PROTECTIVE RELIEF

9.1 Pending appointment, Petitioner requests temporary protective orders restricting any third-party from transferring, encumbering, or dissipating the Ward’s property.
9.2 Emergency Medical Authority. If exigent circumstances arise before appointment is finalized, Petitioner seeks temporary authority to consent to medical treatment for the Ward.

ARTICLE X

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

a. Schedule and conduct a hearing on this Petition;
b. Appoint [PETITIONER NAME] as Guardian of the [Person / Estate / Both] of [WARD NAME];
c. Set bond in the amount of $[AMOUNT] and approve the proposed surety;
d. Issue Letters of Guardianship upon qualification;
e. Grant the specific powers enumerated in Article VI;
f. Approve indemnification as set forth in Article VII;
g. Award such other and further relief as the Court deems just and proper.

ARTICLE XI

GENERAL PROVISIONS

11.1 Amendment. Petitioner may amend this Petition with leave of Court to correct or supplement allegations.
11.2 Severability. If any provision herein is deemed unenforceable, the remaining provisions shall remain in full force.
11.3 Integration. This Petition, together with all attached exhibits, constitutes the entire submission of Petitioner for the requested relief.
11.4 Electronic Signatures. Facsimile or electronically imaged signatures shall have the same force as originals for filing purposes, permitted by Arkansas Supreme Court Administrative Order 21.

ARTICLE XII

EXECUTION BLOCK

Respectfully submitted this ___ day of _, 20.

[PETITIONER NAME], Petitioner

[ATTORNEY NAME], Ark. Bar No. ______
[Firm Name]
[Address]
[Phone] | [Email]
Attorney for Petitioner

VERIFICATION

STATE OF ARKANSAS )
COUNTY OF __ )

I, [PETITIONER NAME], being duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME]

Subscribed and sworn before me this ___ day of _, 20.

Notary Public
My Commission Expires: ______

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Petition was served on all interested parties listed in Article III by ☐ personal service ☐ certified mail ☐ electronic means on the ___ day of _, 20.

[ATTORNEY / PETITIONER SIGNATURE]

[// GUIDANCE: Attach requisite exhibits—e.g., consents, medical affidavits, proposed order, and proposed letters of guardianship—when filing.]