How Do I Name a Guardian for My Minor Children in Arkansas?

See how a parent names a guardian for their minor children in Arkansas, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Arkansas, a parent names a guardian for a minor child in a will or a separate signed writing (Ark. Code §§ 28-65-204(b)(1), 28-65-222 (as amended by Act 713 of 2025, § 25)). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (Ark. Code §§ 28-65-204(b)(1), 28-65-222 (as amended by Act 713 of 2025, § 25)).

Yes. Arkansas recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Arkansas allows a Custodial Responsibility Agreement / Power of Attorney During Deployment (Uniform Deployed Parents Custody and Visitation Act) (Ark. Code §§ 9-21-201, 9-21-202, 9-21-204, 9-21-205 (Title 9, Ch. 21, Art. 2)): any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

In Arkansas, the court weighs the preference of a child 14 or older (Ark. Code § 28-65-204(b)(2)).

Arkansas sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (Ark. Code § 28-65-203)

Arkansas Estate Planning Resources

In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.