2012 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 65 - Guardians Generally
Subchapter 2 - -- Appointment
§ 28-65-203 - Qualifications of guardian.

(a) A natural person who is a resident of this state, eighteen (18) or more years of age, of sound mind, not a convicted and unpardoned felon, is qualified to be appointed guardian of the person and of the estate of an incapacitated person.

(b) However, notwithstanding the provisions in subsection (a) of this section, a natural person who is a resident of this state, eighteen (18) years of age or older, of sound mind, and a convicted and unpardoned felon is qualified to be a guardian of the person or estate of a minor in the custody of the Department of Human Services if under § 9-28-409 the person:

(1) That person's home has been opened as a foster home; or

(2) That person's home has been opened as an adoptive home.

(c) Any charitable organization or humane society incorporated under the laws of this state is qualified for appointment as guardian of the person and estate of a minor:

(1) When the major portion of the support of the minor is being supplied or administered by the organization;

(2) When the court finds that:

(A) The minor has been abandoned by his or her parents; or

(B) The minor's parents are incapacitated or unfit for the duties of guardianship; or

(3) If no other suitable person can be found who is able and willing to assume the duties of guardianship.

(d) (1) A parent under eighteen (18) years of age is qualified for appointment as guardian of the person of his or her child.

(2) If the Department of Human Services consents, the department is qualified for appointment as guardian of the estate of a minor when the minor is in the custody of the department.

(e) (1) A corporation authorized to do business in this state and properly empowered by its charter to become guardian is qualified to serve as guardian of the estate of an incapacitated person.

(2) A bank or similar institution with trust powers may be appointed guardian of the estate of an incapacitated person.

(f) (1) A nonresident natural person possessing the qualifications enumerated in this section, except as to residence, who has appointed a resident agent to accept service of process in any action or suit with respect to the guardianship and has caused the appointment to be filed with the court, whether or not he or she has been nominated by the will of the last surviving parent of a minor resident of this state to be appointed as guardian of the minor, is qualified for the appointment.

(2) However, unless nominated by will, bond may not be dispensed with.

(g) A person whom the court finds to be unsuitable to perform the duties incident to the appointment shall not be appointed guardian of the person or estate of an incapacitated person.

(h) A sheriff, probate clerk of a circuit court, or deputy of either, or a circuit judge, shall not be appointed guardian of the person or estate of an incapacitated person unless the incapacitated person is related to him or her within the third degree of consanguinity.

(i) (1) Except as provided in subdivision (i)(4) of this section, a public agency or employee of any public agency acting in his or her official capacity shall not be appointed as guardian for any incapacitated person.

(2) An employee of a public agency that provides direct services to the incapacitated person shall not be appointed guardian of the person or estate of the incapacitated person.

(3) An employee of a public agency that provides direct services to the incapacitated person shall not be appointed as a temporary guardian.

(4) Notwithstanding any other provision of law, the Public Guardian for Adults may serve as guardian of the person or the estate, or both, of an incapacitated person receiving services from any public agency.

(5) The department shall promulgate rules to implement this provision.

(j) A person may be appointed temporary guardian of an incapacitated person notwithstanding the provisions of subsection (h) or subsection (k) of this section if he or she is related to the incapacitated person within the third degree of consanguinity and the court determines that any potential conflict of interest is unsubstantial and that the appointment is in the best interest of the ward.

(k) A circuit court of this state shall not appoint a person or institution as the permanent custodian or permanent guardian of the person or estate of an adult in the custody of the department unless:

(1) The department has evaluated the prospective guardian under the department's authority under § 9-20-122 and promulgated department policy; or

(2) The department has evaluated the prospective custodian under the department's authority under § 9-20-122 and promulgated department policy.