Guardianship Protecting Your Assets, Securing Your Future

Guardianship Attorney in Fort Smith

30+ Years of Combined Legal Experience for Fort Smith Families

Guardianship provides court-approved decision-making authority when an adult can no longer make or communicate important choices. At AAPG Law, we help Fort Smith families pursue authority over personal, healthcare, or financial decisions when informal assistance is no longer enough to safeguard an incapacitated person.

We address the immediate need for legal authority while identifying related care and asset concerns. Our work may include:

Guardianship and conservatorship matters.
Probate, wills, trusts, and other planning documents.
Medicaid applications and communication with DHS.
Long-term care coordination.

Attorney Steven Underwood has more than 20 years of legal experience in elder law and estate planning.

Guardianship for a minor is a separate legal matter. Families should discuss their circumstances with an attorney before deciding how to proceed.

Schedule a no-cost initial consultation about adult guardianship by calling (888) 635-9081. We offer in-person and fully remote service options for families across Arkansas.

Types of Guardianship Available in Arkansas

An Arkansas probate court may appoint a guardian of the person, a guardian of the estate, or both. The petitioner must establish incapacity by clear and convincing evidence, meaning the evidence must make the claim highly probable. A professional evaluation is typically required to help the court assess the adult’s condition and abilities.

Arkansas guardianship orders may address different areas of need:

Guardian of the person: Authority over personal or healthcare decisions identified by the court.
Guardian of the estate: Authority over financial affairs, with court oversight and reporting duties. This financial role is commonly called conservatorship in other states.
Limited guardianship: Authority restricted to decisions for which the adult needs assistance, rather than a blanket transfer of decision-making power.

A full guardianship isn’t always necessary. A valid power of attorney, advance directive, or trust may address certain needs when appropriate authority is already in place. We prepare these documents and help families evaluate how their existing plans affect the available path.

Guardianship Proceedings in Sebastian County

The Sebastian County Circuit Court probate division handles guardianship proceedings for county residents. The county has two judicial districts, and the proper filing venue depends on where the incapacitated person resides. Arkansas generally requires at least 20 days’ notice before the hearing. The court can’t reduce that notice period below 20 days, even when it shortens other timing for good cause.

An emergency temporary guardian may be considered when imminent danger threatens an incapacitated person’s life, health, or property. Appointment depends on the evidence and the court’s findings. If appointed, an adult temporary guardianship requires a review hearing within 14 days and can’t continue for more than 90 days.

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Hear From Families We've Helped

Our clients often say our services seemed too good to be true—until they saw the results. Read how we’ve helped families like yours protect their assets and plan for long-term care.

"Helpful, patient, kind and quick to help"
Stephanie Love has been so helpful, patient, kind and quick to help me navigate through the processes necessary to get my mom through the Medicaid process. I appreciate her and all she does.

- Catherine T.
"Very Professional"
Very professional and helpful. We would have been lost without them.

- Gary H.
"Highly Recommend"
Yes, I used AAPG when my mother went into a nursing home. Someone at the nursing home told me about AAPG. I looked them up online to see who they were and saw good ratings. So I gave them a call, and from there, they took care of everything. I couldn’t have done it by myself. I had nothing to worry about—they handled everything. I just want everyone to know they are good, decent people, and I would highly recommend them to anyone.

- Jimmy W.
"Awesome Experience"
My mom and I had an awesome experience with AAPG! Everyone is nice and helpful, and they were a life-saver in a time of need.

- Kristi B.
"Very Helpful"
I had a very good experience with AAPG. Their staff is very helpful. Prompt on returning calls, and all staff have been very nice and helpful. I would highly recommend this business if you need help with finances for nursing home placement.

- Jennifer S.
"Comfortable"
Ben and Steve were very helpful in explaining the process and making me feel comfortable every step of the way.

- Marianne S.
"Fantastic"
I didn't know where to start. I was grateful to learn about AAPG. I was at a loss and AAPG has been fantastic. They took the burden off my shoulders and I have already referred them to many families.

- Denese S.
"Thrilled"
I am thrilled that I didn't have to give up half of everything we owned to the nursing home. At the time, I didnt feel well and was so happy to have help regarding the Medicaid application. AAPG was a lot of help transferring and protecting property. I couldn't have completed the process alone, especially the way I was feeling.

- Robert P.

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Our Guardianship Process for Fort Smith Families

We begin with an initial consultation about the decisions the proposed ward needs assistance making. The proposed ward is the adult for whom guardianship is requested. We then identify the records and professional information the court may need to evaluate the petition.

Depending on your family’s circumstances, our work can include:

Reviewing assets one-on-one to identify relevant protection strategies.
Preparing legal documents and overseeing their proper execution.
Providing support with guardianship, probate, and estate planning matters.
Managing Medicaid applications and communication with DHS when those services are part of the engagement.
Coordinating benefits with long-term care providers and addressing post-eligibility financial requirements or later changes when applicable.

The court ultimately decides whether guardianship is appropriate and defines the guardian’s authority. It also determines whether a limited guardianship can meet the adult’s needs without granting broader powers.

Trusted Support for Families

For decades, families have trusted us to help them make informed decisions about their future with clarity and confidence.
Personalized Legal Guidance

Every situation is unique, and we take the time to understand your needs, offering tailored solutions for long-term care.
Simplifying Medicaid Planning

Navigating Medicaid can be complex, but we handle the paperwork and planning so you can focus on what matters most.
Asset Protection That Works

We help you safeguard your savings, home, and other assets while ensuring you or your loved ones receive the care needed.

Take the First Step Toward Protecting Your Future

Planning for long-term care and asset protection doesn’t have to be overwhelming. Let AAPG Law guide you through the process with clarity and confidence. Contact us today to schedule your free consultation.

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Plan Your Next Step in a Fort Smith Guardianship

An initial consultation gives you an opportunity to explain what has changed, review the available legal tools, and understand potential next steps. The Sebastian County filing fee for guardianship of the person or guardianship of the estate is $165.00. Court filing fees are separate from legal fees and other case-specific expenses.

Costs and timing depend on the proposed ward’s circumstances, required evidence, and court procedures. Fully remote options are available, and we’re accredited by the Better Business Bureau with an A+ rating. Our contact form provides an alternative to reaching us by phone.

Call (888) 635-9081 to schedule your no-cost guardianship consultation with AAPG Law.

Ongoing Planning After a Guardianship Appointment

A guardian’s responsibilities continue after appointment. Guardians must submit annual reports to the court, while guardians of the estate must also provide annual accountings of financial activity. A guardian of the person may be subject to a court-set bond, and every guardian must remain within the authority stated in the order.

Guardianship and Medicaid planning can intersect when a family is addressing long-term care. Asset protection strategies that may affect Medicaid eligibility are best considered before guardianship becomes necessary because court oversight and timing rules can constrain later options.

When relevant to the engagement, our work may include:

Medicaid applications.
Communication with DHS.
Miller Trust management.
Estate planning documents.
Guardianship support.

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Take the First Step Toward Peace of Mind

Call us at (888) 635-9081 or fill out the form below to get started.

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