How to Fill Out and File an Arkansas Petition to Terminate Guardianship

To terminate a guardianship in Arkansas, file a petition in the circuit court that originally created it, serve notice on the guardian and other interested parties, and prove at a hearing that the guardianship should end. Arkansas Code § 28-65-402 lets the ward or any interested party ask the court to restore the ward’s rights when the guardianship is no longer needed. If the evidence supports termination, the judge signs an order that dissolves the guardian’s authority and returns full legal rights to the ward.

First, Check Whether the Guardianship Ends on Its Own

Some guardianships end automatically under § 28-65-401, with no petition required. That happens when a court adjudicates an adult ward competent, when the ward dies, when a minor ward marries (this ends the guardianship of the person, not the estate, except as to the ward’s earnings), or when a minor ward reaches the age of majority, which Arkansas sets at eighteen.¹²

One exception matters here. If the guardian receives a Department of Human Services guardianship subsidy, the guardianship continues until the ward turns twenty-one, or, if the ward is at least eighteen, until the ward asks for it to end.¹

Everything else requires a court order.

Grounds a Judge Will Accept

A judge may terminate a guardianship by order when the guardianship is no longer necessary and no longer in the ward’s best interest, when a minor ward reaches majority or has the disability of minority removed, or when the ward becomes a nonresident of Arkansas. Even when a minor turns eighteen, a judge can continue the guardianship if substantial evidence shows it remains in the ward’s best interest.¹

Section 28-65-402 handles restoration of capacity separately. If the ward believes they are no longer incapacitated, or are less incapacitated than when the guardianship was set up, the court must hold a hearing and decide whether to end the guardianship or scale it back to a more limited arrangement. If the court finds the ward’s capacity restored, the guardian must immediately settle accounts and return all remaining property.³

Who Can File

The ward can file the petition personally, even while still under guardianship. So can any “interested party,” which Arkansas courts read broadly to cover the guardian, close relatives, and anyone with a legitimate stake in the ward’s welfare.³

A ward without an attorney can ask the court to appoint one. Judges have discretion to approve this when the ward’s rights are at stake, which comes up most often in contested restoration cases where the guardian disagrees that capacity has returned.

What to Put in the Petition

The Arkansas Judiciary publishes guardianship forms, including petitions and notices of hearing, on its website.⁴ Your county circuit clerk may also have local templates, and some probate judges have formatting preferences the statewide forms don’t reflect. Call the clerk before you start filling anything out.

Before you sit down with the form, pull together:

The case number from the original guardianship order.
Full legal names and current addresses for the guardian, the ward, and all known interested parties, including any co-guardian and, for estate guardianships, creditors.
A copy of the order appointing the guardian, which states the type and scope of the guardianship.
Medical evidence if you are claiming restored capacity. Arkansas requires evidence from a qualified professional to establish incapacity, and courts expect comparable evidence to undo it. A current evaluation from a physician, psychologist, or other qualified professional should be attached to the petition.⁵

The petition needs a specific statement of why the guardianship should end. Vague assertions that the ward is “doing better” won’t carry a hearing. Tie your explanation to one of the statutory grounds: the ward has regained capacity, the guardianship is no longer necessary or in the ward’s best interest, or the ward has become a nonresident. If you want the court to scale back the guardian’s authority rather than end it entirely, say so; § 28-65-402 permits that alternative.³

Check every name, address, and case number. Errors delay the process because the court cannot issue proper notice. Many courts require your signature to be notarized, so plan a trip to a notary or to the clerk’s office, which sometimes offers notary services.

Filing and Fees

File the completed petition with the circuit clerk in the county where the guardianship case is pending. The clerk stamps it, assigns a hearing date, and issues a notice of hearing.

Filing fees vary by county. Some counties charge $165, and others charge more.⁶ Call the clerk to confirm the exact amount and accepted payment methods.

If you cannot afford the fee, file an In Forma Pauperis affidavit asking the court to waive it. The affidavit, available on the Arkansas Judiciary website, requires you to disclose your employment status, income sources over the past twelve months, bank balances, and any property you own. You sign under oath, and a false statement can result in perjury penalties.⁷

Serving Notice

Everyone with a legal interest in the guardianship must receive notice of the hearing. That includes the guardian, the ward (if someone else filed), and close relatives. The court may direct notice to additional parties.

Under Arkansas Rule of Civil Procedure 4, acceptable service methods include the sheriff or a deputy in the county where the person lives, an appointed process server who is at least eighteen, and certified mail with return receipt requested and delivery restricted to the addressee. Keep the signed return receipt.

File proof of service with the circuit clerk before the hearing date. That means the signed return receipt for certified mail, or the return of service form when a sheriff or process server handled it. Judges cannot proceed without proof of service on file, and incomplete service is one of the most common reasons hearings get postponed.

The Hearing

At the hearing, the petitioner carries the burden of proving that the guardianship should end. How that plays out depends on the grounds.

For a restored-capacity petition, expect the judge to weigh medical evidence heavily. A current evaluation from a qualified professional is close to essential. The judge may also question the ward directly about managing finances, arranging medical care, and handling housing.

For a petition arguing the guardianship is no longer necessary, bring evidence of the changed circumstances: letters from caregivers, records of the ward’s independent living, or testimony from social workers.

The guardian and any interested party who was served with notice can appear and object. Contested hearings often benefit from legal representation on both sides.

If the evidence is sufficient, the judge signs an Order Terminating Guardianship. That order restores the ward’s legal rights and ends the guardian’s authority. File the signed order with the clerk so it becomes part of the permanent record.

Final Accounting and Return of Property

The court order doesn’t end the guardian’s obligations right away. A guardian of the estate must file a final written accounting with the court within sixty days of termination, covering every dollar in and out during the guardianship.⁸

Once the court approves the accounting, the guardian must turn over all remaining assets and property to the ward. Under § 28-65-402, when the court finds the ward’s capacity restored, that transfer happens immediately.³ If the accounting shows discrepancies or missing funds, the court can order the guardian to make the ward whole before being discharged.

For bank accounts held in the guardian’s name on the ward’s behalf, bring a certified copy of the termination order to the financial institution. Banks will want to see the order and verify the case number before retitling accounts or releasing funds to the former ward.

Notifying Federal Agencies

A state court order ends the legal guardianship, but federal agencies that dealt with the guardian need separate notice.

IRS Form 56

If the guardian filed IRS Form 56 to establish a fiduciary relationship for tax purposes, a new Form 56 must be filed to notify the IRS that the relationship has ended. The form has a section for reporting the reason and date of termination.⁹ Skip this and the IRS may keep sending the ward’s tax correspondence to the former guardian.

Social Security Administration

If a representative payee was receiving Social Security or SSI benefits for the ward, contact the SSA at 1-800-772-1213 (TTY 1-800-325-0778) to restore direct payments. Have the termination order on hand; the SSA will likely ask for documentation before changing payment arrangements.¹⁰

1
Justia. Arkansas Code 28-65-401 – Termination Generally
2
Justia. Arkansas Code 9-25-101 – Age of Majority
3
Arkansas State Legislature. Act 713 of 2025 – Section 27, Arkansas Code 28-65-402
4
Arkansas Judiciary. Court Forms – Guardianship
5
Justia. Arkansas Code 28-65-211 – Determination of Incapacity – Evidence Required
6
Arkansas Law Help. Filing for a Fee Waiver
7
Arkansas Judiciary. Affidavit in Support of Request to Proceed In Forma Pauperis
8
Justia. Arkansas Code 28-65-320 – Accounting
9
Internal Revenue Service. About Form 56, Notice Concerning Fiduciary Relationship
10
Social Security Administration. Representative Payee Program